How to File a Medical Malpractice Lawsuit

In order to bring an action for medical bradenton malpractice lawyer against a hospital or doctor you must prove that the defendant has violated their duty to patients. This evidence could include hospital and medical records.

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

Negligence

When a patient goes to a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.

A lawsuit can be brought against a medical professional if an injured patient suffers a death due to the negligence of the doctor. In order to file a valid claim, the patient must prove that there are four legal elements in place: duty, breach of duty, causation, and damages.

Malpractice can be defined as an act committed by the doctor that is against the accepted norms within the medical field and can cause harm to a patient. It is an aspect of tort law which covers civil violations that are not contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the person who is injured must demonstrate that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to harm anyone.

In a medical malpractice lawsuit the defendant is under an obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable experience and training in similar circumstances could provide. The breach of duty is crucial because it demonstrates that the negligence alleged caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you suffered due to the negligence of a doctor. This can include both financial losses, such as future medical expenses, as well as non-economic damages like discomfort and pain.

To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill an obligation and that his deviance from the standard of care led to injury, and the injury resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made a mistake that led to an infection or other medical problem and you needed to seek additional treatment in the aftermath. Certain damages are more difficult to see like when doctors misdiagnose your condition and you do not receive the right treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You may be able to claim punitive damages in addition to the amount you would receive in a case of survival.

In many states, there are limitations on what you can receive when you file a claim for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the amount of time you have to wait before filing an action.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The time limit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice occurred and whether it will hold up in the court. This can take months or even weeks.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is extended. For example in Pennsylvania the patient must file a claim within 2 years from the day they realized the Mcgregor Malpractice Lawsuit or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In some states, the statutes of limitations start to run on the date that the malpractice occurred. This can be an issue when the mistake does not immediately cause symptoms. Imagine, for example, that a doctor has negligently left a foreign object in the body of a patient following surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In this case, the statutes of limitations could have started running from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the details of the case. An expert witness for a plaintiff will discuss the doctor's obligation of treating the patient with respect and the medical standards applicable to the area and in the specialty of the type of doctor with similar qualifications and skills and the ways that the defendant departed from those standards. The expert will then explain how the deviance directly led to the injury suffered by the patient.

The defendant will hire a professional to counter the plaintiff's expert, and give their professional opinion as to whether the doctor was in compliance with the requirements of medical care. The experts could disagree however the fact-finder determines which expert is most reliable.

It is more beneficial that the expert continue to be working in the medical field since they'll have a more knowledge of the current practice. Jurors and judges tend to consider practicing doctors more trustworthy than those who rely exclusively on court testimony.

It is also beneficial to have an expert with expertise in the field of malpractice. A medical professional with had experience treating breast cancer for example, can make a convincing argument as to the reason for an injury. A medical malpractice attorney in Ocala will know what experts to ask.