How to File a Medical Malpractice Lawsuit

In order to bring a medical englewood cliffs malpractice lawyer suit against a doctor or a hospital you must establish that the defendant has violated their duty towards patients. This could include medical and hospital records.

Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors, other medical professionals in private practice or staff at a hospital or clinic.

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor, or health care professional. However, in a few instances these standards are not met, or even violated. This can lead to devastating results.

A lawsuit may be brought against a medical professional when patients are injured or dies due to the malpractice of the doctor. In order to file a valid claim, the patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the accepted norms of practice in the medical field, and can cause injury to the patient. It is an aspect of tort law, which deals with civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence is different from regular negligence because the victim must show that the doctor knew or should have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. For example a surgeon who accidentally nicks a nerve or vein during surgery could be found in the wrong of negligence, but not malpractice as the doctor was not aiming to cause harm.

In a medical malpractice case the defendant is bound by a duty to treat the patient according to the standards of care that a reasonably prudent healthcare professional with the same experience and education in similar situations would provide. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses due to a physician's negligence. They can be a combination of financial losses, such as the expense of medical treatment in the future as well as non-economic losses such as pain and suffering.

In order to recover damages, you have to prove that the doctor did not fulfill a duty of care, that the doctor's deviation from that standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or other medical problem, and you needed additional treatment as a result. Other damages aren't as evident, for instance, if your doctor misdiagnoses you, and you aren't able to receive the right treatment.

If a medical professional's negligence results in your death or death, you can file a lawsuit for the cause of death. You may seek punitive damages in addition to the amount you would receive in a case of survival.

In most states, there are limits to the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states also have rules that restrict the time you have to wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a illinois malpractice lawsuit lawsuit must be filed within two to six years after the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

The time period can be complex and it is essential to consult with an attorney right away. The law firm will conduct an investigation to determine if malpractice occurred and whether it will hold up in the court. This process can take several weeks or even months.

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

In other states the statute of limitations starts to run from the date the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient may not realize the foreign object until at least three years after the surgery. In this scenario the statute of limitations could have started at the time of surgery rather than the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on experts to clarify the facts of the case. A plaintiff's expert will testify on doctors' obligations to the patient, the medical standards for doctors with similar qualifications in the same area and specialization, and the ways the defendant deviated from the standard. The expert will also explain how the defendant's departure directly caused the injury to the patient.

The defendant will hire an expert to counter the plaintiff's expert and give their professional opinion as to whether the doctor was in compliance with the standards of care. Experts could differ but the fact-finder is the one who decides which expert is most reliable.

It is better for the expert to still working in the medical field since they'll have a better knowledge of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose only source of income is testifying in court.

It is also beneficial to hire an expert witness who has expertise in the field of negligence. A medical professional with expertise in treating breast cancer, for example, can make a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know the best experts to talk to.