How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant violated his or her duty to patients. This evidence can include hospital and medical records.

Our attorneys are experienced at taking effective depositions of witnesses. These may be doctors or other medical professionals working in private practice, or 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 professional. Unfortunately these standards aren't always met, or even violated. This breach could have devastating consequences.

If someone suffers injury or death as a result of a physician's negligence, they can file a lawsuit against the medical professional. To establish a case the patient who has been injured must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the norms of practice accepted within the medical profession, and inflicts harm on the patient. It is a part of tort law, which deals with civil wrongs and not criminal offences or contractual obligations.

Medical negligence is different from regular 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 can claim malpractice. Normal negligence is not a requirement. 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 didn't intend to harm anyone.

In a case of medical malpractice, the defendant has the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar expertise and training in similar situations would provide. The violation of this obligation is a crucial element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered due to a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic losses like discomfort and pain.

In order to recover damages, you have to prove that the doctor did not fulfill a duty of care, that the physician's deviation from that standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses can be seen immediately, for example an error by a doctor caused an infection or other medical complications that require additional treatment. Other losses are not as evident, for instance, if your doctor is unable to diagnose you correctly, and you're unable to receive the right treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the compensation you'd receive in a case of survival.

In most states, there are limits on the amount you can be awarded in a malpractice claim. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit how long you can wait to file a lawsuit.

Time Limits

As with any lawsuit there are certain time limits which must be adhered to or the case will be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical Coral Gables Malpractice Lawsuit that occurred. The time frame varies by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was malpractice and whether the case will stand up in court. This stage takes months or weeks.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitation is extended. In Pennsylvania, a patient has two years from the time that they discovered the negligence. This is referred to as the discovery rule.

In certain states the statutes of limitations begin to run on the date that the medical error occurred. This can be an issue if the error does not cause immediate symptoms. For instance, suppose the doctor is negligently leaving an object foreign to the body 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 procedure instead of the moment the error was discovered.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical appleton malpractice lawyer cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient, the medical standards in the region and specialty for the type of doctor with similar qualifications and skills and the manner in which the defendant's actions were in violation of the standards. The expert will explain why the defendant's omission directly caused the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert and give their professional opinion on whether or not the doctor was able to provide the required care. It is normal for experts to disagree with one however the factfinder determines who is the most trustworthy based on their knowledge and experience.

It is better for the expert to still working in the medical field as they will have a better understanding of current practices. Jurors and judges typically consider practicing doctors more trustworthy than experts who solely rely on court testimony.

It is also advisable to hire an expert with expertise in the field of malpractice. For instance an expert in medical practice who is proficient in treating breast cancer could make a an argument that is more convincing about the reason for a plaintiff's injury. A knowledgeable Ocala medical golden malpractice lawyer lawyer will be aware of the experts to refer your case.