How to File a Medical Malpractice Lawsuit

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

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

Negligence

When a patient visits a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. However, in a few instances these standards are not met, or even breached. This can lead to devastating consequences.

When someone suffers injury or death as a result of a physician's malpractice, they may pursue a lawsuit against the medical professional. To be able to make a valid claim, the patient must prove that there are four legal elements in place such as breach of duty, causation and damages.

Malpractice is defined as an act committed by a doctor that is outside the accepted norms within the medical field and can cause injury to patients. It is a component of tort law that addresses civil wrongs, not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence because the victim must prove that the doctor was aware that their actions could cause harm to be able to claim malpractice, however normal negligence is not required. For example an surgeon who accidentally cuts a vein or nerve during surgery would be in the wrong of negligence, but not burbank malpractice law firm as the doctor did not intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standard of care a qualified health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is significant because it shows that the negligent act caused the injury.

Damages

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

To recover damages, it is necessary to demonstrate that a doctor did not fulfill a duty, that his deviation from the standard of care led to injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that 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 required further treatment as a result. Other losses are not as evident, for instance, if your doctor misdiagnoses you, and you aren't able to get the correct treatment.

If the negligence of your doctor causes you to die, you can sue for the cause of death. You may seek punitive damages in addition to the compensation you would receive in a case of survival.

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

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The time limit differs by state.

The time limit is complex and it is essential to speak with an attorney immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be able to stand in the court. This phase can last for months or weeks.

Medical floresville malpractice lawyer (https://vimeo.Com/709399596) cases are governed by different laws than other types of cases and typically, the statute of limitations is extended. In Pennsylvania, a patient has two years from the date that they were aware of the negligence. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be a problem when the malpractice does not immediately cause symptoms. Consider, for instance, that a doctor mistakenly left a foreign object in the body of the patient after surgery. The patient may not be aware of the object until three years after the surgery. In that situation the statute of limitations could have begun 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 the plaintiff will testify regarding the doctor's duty to the patient, medical standards for doctors who have similar qualifications in the field and specialty and the ways in which the defendant departed from the standard. The expert will explain how the departure directly led to the injury of the patient.

The defendant will engage a professional to counter the plaintiff’s expert, and then provide their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for experts to disagree with each with respect to their opinions, but the fact finder decides who is the most trustworthy based on their education and experience.

It is best for the expert to be working in the medical field, because they will have better understanding of current practices. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also beneficial to have an expert who has specialized in the field of malpractice. A medical expert who has experience treating breast cancer, for instance, could present a a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know which experts to speak with.