How to File a Medical Malpractice Lawsuit

The filing of a medical greenwood malpractice lawsuit lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her obligation to patients. This could include medical and hospital documents.

Our lawyers have experience deposing witnesses in a professional manner. These may be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

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

When someone suffers injury or death as a result of a doctor's negligence, they can sue the medical professional. To be able to make a valid claim, the patient must demonstrate that there are four legal elements present in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission committed by a physician that deviates from the norms of practice accepted in the medical field, and results in injury to the patient. It is a subset of tort law that addresses civil violations that are not contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the physician was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence is not required. For instance the surgeon who nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice since the doctor did not intend to cause harm.

In a case of medical malpractice the defendant is bound by the obligation of treating the patient according to the standards of care that a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances would offer. The breach of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a physician's negligence. They can be a combination of financial loss such as the expense of medical treatment in the future as well as non-economic losses like pain and suffering.

To claim damages, you must show that the doctor did not fulfill a duty of care, that the physician's deviation from the standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment due to the result. Some damage is more difficult to identify like when doctors misdiagnose your condition and you do not receive the correct treatment.

If a doctor's error causes you to die, you can sue for the cause of death. In these claims, you are entitled to all the benefits you could have gotten in a lawsuit for survival and punitive damages.

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

Time Limits

Like all lawsuits, there are time limits which must be adhered to or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The time limit differs by state.

The time limit can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine if there was malpractice and if the case will be heard in court. This can take weeks or even 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 date when they first discovered the error. This is known as the discovery rule.

In certain states, the statutes of limitations begin to expire on the date the medical error occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. For instance, suppose that a doctor negligently leaves an object foreign to the body after surgery. The patient may not discover the foreign object until three or more years after surgery. In that case the statute of limitations could have run from the date of the surgery instead of the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. The expert of the plaintiff will testify about the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the area and field, and the ways that the defendant's actions were contrary to the standard. The expert will also explain how the deviance directly caused the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor met the standard of care. Experts could differ but the fact-finder is the one who decides which expert is most credible.

It is best that the expert continue to working in the medical field because they will have greater understanding of current practice. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also better to choose an expert with expertise in the area of Greenwood Malpractice Attorney. For example, a medical expert who is experienced in treating breast cancer could make a an argument more convincing regarding the cause of the plaintiff's injury. A knowledgeable Ocala medical malpractice attorney will know which expert witnesses to refer your case.