How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her duty to patients. This evidence can include hospital and medical documents.

Our lawyers have experience conducting effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately, in some cases these standards are not met, or even violated. This breach could have devastating results.

A lawsuit can be brought against a medical professional when a patient is injured or dies because of the negligence of the physician. To be able to make a valid claim, the patient must prove that there are four legal elements in place in the case: breach of duty, causation, and damages.

ithaca Malpractice Lawyer is defined as the act or omission of the physician that goes against the accepted norms of medical practice in the medical field, and results in injury to the patient. It is an aspect of tort law which covers civil violations that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence in that the person who is injured has to demonstrate that the doctor knew, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In a medical malpractice lawsuit the defendant is bound by the obligation of treating the patient according to the standard of care a reasonably prudent healthcare professional with similar experience and training in similar situations would provide. The breach of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses caused by a doctor's negligence. This could include financial losses, such as future medical expenses, as well as non-economic losses like pain and discomfort.

To claim damages, you must show that the doctor violated a duty of care, that the physician's deviation from that standard caused injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or medical condition and you needed to seek additional treatment due to the result. Some damages are more difficult to identify for instance, when a doctor misdiagnoses your condition and you don't receive the correct treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. In these claims, you are legally entitled to all the compensation you could have gotten in a survival case in addition to punitive damages.

In many states, there are limitations on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing an action.

Time Limits

Like any lawsuit there are certain time limits which must be adhered to or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the incident occurred. The timeframe for filing a lawsuit differs by state.

The time frame can be complicated, so it is vital to consult an attorney immediately. The law firm will investigate to determine if there was malpractice and if the case can stand up in court. This process takes weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is changed. For instance in Pennsylvania a patient must file a claim within 2 years from the time they discovered the malpractice or the date a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states, the statute of limitations begins at the time the malpractice occurred. This can be a problem when the malpractice does not immediately trigger symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient may not realize the object until three years after the surgery. In that situation the statute of limitations might have started to run from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. The expert of the plaintiff will testify about the duty of the doctor to the patient, medical standards for physicians who have similar qualifications in the same area and specialization, and the ways in which the defendant departed from the standard. The expert will also explain how the deviation directly led to the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor's treatment was consistent with guidelines of care. Experts may differ but the fact-finder will decide which expert is most trustworthy.

It is advisable for the expert to be working in the medical field since they are more knowledgeable about the current practices. Judges and jurors often find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also beneficial to get an expert witness who has expertise in the area of the bristow malpractice lawsuit. A medical expert with experience treating breast cancer, for example, can make an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know what expert witnesses to consult.