How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires proof that the defendant violated his or her duty to patients. This evidence can include hospital and medical records.

Our attorneys are experienced at taking depositions that are effective for witnesses. They may be doctors, other medical professionals in private practice or staff at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital, or health care professional. In some instances, these standards are not met or are even violated. This breach could have devastating consequences.

A lawsuit can be filed against a medical professional if a patient is injured or suffers a death due to the negligence of that doctor. In order to file a legitimate claim, the injured patient must demonstrate that four legal elements exist which include breach of duty, causation and damages.

cold spring malpractice lawsuit can be defined as an action by a doctor that is outside the accepted norms of the medical community and causes harm to patients. It is a part of tort law that addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence is different from regular negligence in that the victim must show that the doctor knew or should have known that their actions could cause harm to prove mamaroneck malpractice attorney, whereas normal negligence is not required. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to harm anyone.

In a medical malpractice case, the defendant's duty is to treat the patient in line with the standard of care that a knowledgeable health professional with similar experience and qualifications could provide in similar situations. The breach of duty is important because it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you sustained due to a doctor's negligence. This could include financial losses, including future medical bills, and non-economic damages, such as discomfort and pain.

To be able to claim damages, you must prove that the doctor breached the duty of care, that the doctor's deviation from the norm resulted in injury, and that the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made a mistake that led to an illness or other medical issue that required additional treatment as a result. Other damage isn't as evident, for instance, if your doctor is unable to diagnose you correctly, and you are not able to receive the appropriate treatment.

If a medical professional's negligence causes your death, you can sue for the cause of death. In these claims, you are entitled to everything you would have received in a survival case as well as punitive damages.

In most states, there are limits on the amount you can recover in a legal case. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case may be barred. A malpractice lawsuit must generally be filed between two and six years after the incident occurred. The specific time limit is different for each state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will hold up in the court. This phase can last for weeks or months.

Medical malpractice cases are subject to different laws and the statute of limitations is often altered. In Pennsylvania, a patient has two years from the date when they first discovered the error. This is known as the discovery rule.

In some states the statutes of limitations start to run on the date when the medical error occurred. This is an issue if the malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body inside the body of the patient following surgery. The patient might not find the object until three years after the surgery. In this instance, the statutes of limitations may have started in the year following the date of the surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help present the facts of the case. The expert of the plaintiff will testify about the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the area and field, and the ways that the defendant's actions were contrary to those standards. The expert will then explain how the deviance directly contributed to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standard of care. It is common for experts to disagree with each and yet the fact finder determines who is the most reliable based on their experience and education.

It is best for the expert to continue working in the medical field as they are more knowledgeable about current practices. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely only on the testimony of a court.

It is also advisable to have an expert witness who specializes in the field of fraud. For example a medical professional who is knowledgeable about treating breast cancer can make an argument more convincing regarding the cause of the plaintiff's injuries. A seasoned Ocala medical malpractice attorney will know which expert witnesses to consult for your case.