How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her duty to patients. This can be evidence from hospitals and medical records.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are working in private practice or are employed at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical care. In some instances, these standards are not being met or even breached. This can cause devastating consequences.

A lawsuit can be brought against a medical professional if an injured patient dies because of the negligence of the doctor. To prove a case the injured person must establish four legal elements: duty, breach, damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the norms of practice accepted in the medical community, and can cause injury to the patient. It is a subset of tort law that addresses civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware that their actions would cause harm to prove beaverton malpractice attorney, whereas normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to hurt anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standards of care that a prudent health care professional of similar experience and training would offer in similar circumstances. The violation of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you have suffered as a result of negligence by a doctor. These could include both financial losses, such as the cost of future medical expenses as well as non-economic losses such as pain and suffering.

To be able to claim damages, you need to show that a doctor has violated a duty and that his violation of the standard of care resulted in injuries, and the damage resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an infection or other medical complications that required additional treatment due to the result. Certain damages are more difficult to spot in the event that a doctor misdiagnoses your condition and you do not receive the correct treatment.

If the negligence of your doctor leads to your death or death, you can file a lawsuit for wrongful death. You may be able to claim punitive damages in addition the compensation you would get in a lawsuit for survival.

In a majority of states, there are restrictions to the amount you can get in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Some states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case may be barred. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The time frame varies by state.

The time limit can be complicated, so it is vital to consult with a lawyer right away. The law firm will conduct an investigation to determine if there was a mistake and whether the case will be heard in the court. This stage takes weeks or months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the negligence. This is known as the discovery rule.

In some states, the statutes of limitations begin to run from the date the medical error occurred. This could be an issue if the medical babylon malpractice lawyer does not cause any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body in the patient's body after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In that scenario, the statute of limitations might have started to run from the date of the procedure instead of the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. The expert of the plaintiff will testify on the duty of the doctor to the patient, the medical requirements for doctors who have similar qualifications in the field and specialty and the ways in which the defendant departed from the standard. The expert will then explain how the deviation directly led to the injury suffered by the patient.

The defendant will hire a professional to counter the plaintiff's expert, and give their professional opinion about whether the doctor's treatment was consistent with standards of care. It is not uncommon for experts to differ with each with respect to their opinions, but the factfinder decides who is most credible based on their education and experience.

It is best for an expert to working in the medical field since they'll have a greater understanding of current practice. Jurors and judges often find practicing professionals more credible than experts whose only source of income is testifying in court.

It is also better to have an expert who specializes in the field of malpractice. A medical professional with expertise in treating breast cancer, for instance, could present a an argument that is convincing as to the reason for an injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to consult for your case.