How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or a hospital it is necessary to prove that the defendant has breached their duty to patients. This could include hospital and medical records.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. However, in a few instances these standards are not met, or even violated. The results of this breach could be devastating.

A lawsuit may be filed against a medical professional when the patient is injured or dies due to the malpractice of the physician. To be able to make a legitimate claim, the injured patient must demonstrate that there are four legal elements in place such as breach of duty, causation, and damages.

Malpractice can be defined as an act committed by an individual doctor that is not in line with the norms of the medical profession and causes injury to patients. It is a subset of tort law that deals with civil violations that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence in that the victim must show that the doctor was aware that their actions could cause harm to assert malpractice, however normal negligence does not. For example, a surgeon who accidentally nicks a nerve or vein during surgery could be in the wrong of negligence, but not malpractice because the doctor did not intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in accordance with the standard of care a qualified health professional with similar experience and training would offer in similar circumstances. The breach of duty is important because it proves that the alleged negligent conduct caused the injury.

Damages

The damages in a mena malpractice Lawsuit (vimeo.Com) case are determined by the losses you have suffered as a result of negligence by a doctor. This can include both financial loss such as the costs of future medical treatment and non-economic losses, such as pain and suffering.

To recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the standard of care resulted in injury, and that the injury was measurable in terms of financial 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 caused an illness or other medical issue, and you needed additional treatment in the aftermath. Some damages are more difficult to see in the event that doctors misdiagnose your condition and you don't receive the correct treatment.

If your doctor's malpractice causes you to die, you can sue for the cause of death. In these claims, you are entitled to everything you would have gotten in a survival lawsuit and punitive damages.

In a majority of states, there are restrictions on what you can claim when you file a claim for malpractice. The caps differ by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict the length of time you have to wait to make a claim.

Time Limits

As with any lawsuit there are time limits which must be followed or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The exact time frame is different for each state.

The time frame can be complex and it is essential to consult a lawyer immediately. The law firm will conduct an investigation to determine if there were any mistakes and if the case could be heard in the court. This phase can last for weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is extended. In Pennsylvania the patient is entitled to two years from the date that they realized the negligence. This is called the discovery rule.

In other states, the statute of limitations begins at the time the malpractice happened. This is an issue if the error doesn't immediately cause symptoms. As an example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient might not be aware of the foreign object until three or more years after surgery. In that case the statute of limitation could have start running from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Many medical north carolina malpractice attorney cases rely on expert witnesses to help present the facts of the case. An expert witness for the plaintiff will testify about the doctor's duty of care to the patient and the medical standards for the region and specialty for the type of doctor who has similar qualifications and abilities and the ways in which the defendant violated the standards. The expert will explain how the departure directly caused the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and give their professional opinion as to whether the doctor was able to provide the required care. The experts may disagree but the fact-finder will decide which expert is most reliable.

It is preferential for the expert to working in the medical field because they'll have better knowledge of current practices. Jurors and judges typically find practicing professionals more credible than experts who rely only on court testimony.

It is also recommended to hire an expert witness who has expertise in the area of the fraud. For example a medical professional who is experienced in treating breast cancer can provide a more convincing argument about the cause of the plaintiff's injury. A medical malpractice lawyer in Ocala will know which experts to ask.