How to File a Medical Malpractice Lawsuit

A medical sterling heights malpractice lawsuit lawsuit against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical records.

Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately these standards aren't always met, or even violated. This can lead to devastating consequences.

When someone is injured or death as a result of a doctor's negligence, they can file a lawsuit against the medical professional. To have a valid claim, the patient must demonstrate that there are four legal elements present which include breach of duty, causation, and damages.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical field, and results in injury to the patient. It is a part of tort law that deals with civil wrongs not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the party who suffers has to prove that the doctor knew, or should have known, that their actions were going to cause harm before they are able to claim perrysburg malpractice lawyer. Normal negligence is not a requirement. For example, a surgeon who accidentally cuts a vein or nerve during surgery could be found negligent, but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice case the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances would offer. The breach of duty is crucial because it proves that the negligence alleged caused the injury.

Damages

The damages in a malpractice case are determined by the losses you suffered as a result of the negligence of a doctor. They can be a combination of financial loss such as the costs of future medical treatment as well as non-economic losses like suffering and pain.

To recover damages, you must show that the doctor violated a duty of care, that the doctor's deviation from the norm resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of the losses can be observed immediately, for example when a mistake made by a doctor led to an infection, or other medical complications that required additional treatment. Some damage is more difficult to detect like when doctors misdiagnose your condition and you do not receive the correct treatment.

If the negligence of your doctor causes your death or death, you can file a lawsuit for the cause of death. In these cases you're entitled to everything you would have gotten in a survival case as well as punitive damages.

In many states, there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits there are certain time frames which must be adhered to or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The exact time frame is determined by the state.

It is important to consult an attorney as soon as possible. The law firm will investigate to determine if there was malpractice and whether the case will stand up in court. This can take weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and the statute of limitations is altered. In Pennsylvania patients are entitled to two years from the date that they discovered the malpractice. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This could be an issue if the error does not immediately trigger symptoms. Imagine, for example, that a doctor negligently left a foreign body in the body of a patient following surgery. The patient might not discover the object until three years after the procedure. In that scenario the statute of limitation could have begun to begin running from the date of the procedure instead of the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards applicable to the area and in the specialty of that type of physician with the same qualifications and experience and the ways that the defendant departed from those standards. The expert will explain why the defendant's omission directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert and provide their professional opinion about whether the doctor was in compliance with the standards of care. It is normal for experts to disagree with each with respect to their opinions, but the fact finder determines who is the most trustworthy on their education and experience.

It is better for an expert to working in the medical field, since they'll have a more knowledge of the current practice. Judges and jurors are likely to believe that practicing professionals are more trustworthy than those who rely exclusively on the testimony of a court.

It is also advisable to hire an expert witness who specializes in the field of malpractice. For example a medical professional who is proficient in dealing with breast cancer can present a an argument more convincing regarding the cause of an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala knows which experts to ask.