How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant acted in breach of his or her obligation to patients. This evidence could be a hospital and medical records.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately these standards aren't always met or even complied with. This can cause devastating consequences.

A lawsuit can be filed against a medical professional if the patient is injured or suffers a death due to the negligence of that doctor. In order to file a valid claim, the patient must demonstrate that four legal elements exist: duty, breach of duty, causation, and damages.

Malpractice can be defined as an action by the doctor that is against the accepted norms within the medical profession and results in harm to patients. It is an aspect of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.

Medical negligence differs from regular negligence because the victim must show that the doctor knew or should have known that their actions would cause harm in order to prove malpractice, 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 surgeon didn't intend to cause harm to anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a qualified health professional with similar experience and training would provide in similar circumstances. The breach of duty is crucial since it establishes that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, such as future medical costs, as well as non-economic damages such as discomfort and pain.

To recover damages, it is necessary to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care caused injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an illness or other medical issue and you needed to seek additional treatment due to the result. Other damage isn't as evident, for instance, if your doctor misdiagnoses you, and you are unable to receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the amount you'd receive in a survival suit.

In the majority of states, there are limitations on the amount you can recover in a legal case. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.

Time Limits

As with any lawsuit there are time frames which must be adhered to or the case will be barred. A buchanan malpractice attorney lawsuit should generally be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and whether it will be accepted in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is often modified. For instance in Pennsylvania the patient must file a claim within two years from the day they discovered the malpractice or the date a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In certain states the statutes of limitations begin to run on the date on which the malpractice occurred. This is an issue if the Santa Clara malpractice lawyer does not cause any immediate symptoms. For instance, suppose that doctors mistakenly leave an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the procedure. In that case, the statute of limitations might have started to begin running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the facts of the case. An expert witness for a plaintiff will testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialty for the type of doctor who has similar qualifications and abilities and the manner in which the defendant violated those standards. The expert will explain how the deviation directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and then provide their professional opinion as to whether the doctor's treatment was consistent with requirements of medical care. The experts could disagree but the fact-finder will decide which expert is most credible.

It is recommended for the expert to be still working in the medical field because they are more knowledgeable about the current practices. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to get an expert witness that is specialized in the area of the fraud. For example a medical professional who is experienced in treating breast cancer could make a an even more convincing case for the reason for a plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to call for your case.