How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant acted in breach of his or her obligation to patients. This evidence could include medical and hospital records.

Our lawyers are skilled at deposing witnesses in a professional manner. They may be doctors, other medical professionals in private practice or work at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. In some instances, these standards are not met or are even breached. This breach could have devastating consequences.

When someone suffers injury or death due to a doctor's malpractice, they may pursue a lawsuit against the medical professional. To establish a case, an injured patient must demonstrate four legal elements: duty, breach, causation and damages.

Columbia Malpractice Attorney can be defined as an act committed by doctors that goes against the accepted norms of the medical profession and results in harm to patients. It is an aspect of tort law, which deals with civil wrongs that aren't legal obligations or criminal offenses.

Medical negligence is different from regular negligence in that the person who is injured must show that the doctor knew or should have known that their actions could cause harm to claim malpractice, but normal negligence doesn't. For example an surgeon who accidentally cuts a vein or nerve during surgery is in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a medical malpractice case the defendant has the obligation of treating the patient according to the standard of care a reasonably competent healthcare professional with similar experience and education in similar circumstances would offer. The breach of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

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

In order to obtain damages, you need to show that a doctor has violated a duty or obligation, and that his lapse from the standard of care led to injuries, and the damage had quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted in a matter of minutes, for instance the case where a doctor's error caused an infection or other medical issues that required further treatment. Other losses are not as obvious, for instance if your doctor misdiagnoses you and you're unable to receive the appropriate treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. In these claims you're entitled to all the benefits you would have gotten in a lawsuit for survival as well as punitive damages.

In the majority of states, there are restrictions on what you can claim when you file a claim for malpractice. These caps vary from state to state, and are typically applicable to both financial and other damages. Certain states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be adhered to or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The specific time limit varies by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and whether the case will stand up in court. This stage can take months or even weeks.

Medical urbana malpractice attorney cases are subject to different laws, and the statute of limitations is often modified. For example in Pennsylvania a patient must submit a claim within two years from the date they were aware of the malpractice, or when a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In certain states the statutes of limitation begin to run on the date on which the medical error occurred. This can be problematic if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body inside the body of the patient following surgery. The patient may not be aware of the object until three years after the procedure. In this instance the statute of limitations may have started at the time of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor's duty of care to the patient as well as the standards of medical care in the area and in the specialty of the type of doctor with the same qualifications and experience and the ways that the defendant violated those standards. The expert will explain how the departure directly contributed to the injury suffered by the patient.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor was able to provide the required care. Experts may differ, but the fact-finder decides which expert is the most trustworthy.

It is recommended for the expert to continue working in the medical field because they are more informed about current practice. Jurors and judges typically believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.

It is also recommended to hire an expert who has specialized in the area of malpractice. A medical professional with prior experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical west lafayette malpractice lawsuit attorney will be aware of which expert witnesses to call for your case.