How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital you must establish that the defendant has breached their duty towards patients. This evidence can include hospital and medical records.

Our attorneys have a wealth of experience in conducting effective depositions. They could be doctors or other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, these standards are not always adhered to or even observed. The consequences of this breach could be devastating.

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

Malpractice is described as an act performed by doctors that goes against the norms of the medical community and causes harm to the patient. It is a subset of tort law that addresses civil wrongs that are not legally binding or criminal in nature.

Medical negligence is different from regular negligence in that the injured party has to prove that the doctor knew, or should 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 a vein or nerve during surgery is guilty of negligence but not lauderhill malpractice attorney. This is because the surgeon did not intend to hurt anyone.

In a lawsuit for medical malpractice the defendant is under a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with the same expertise and training in similar situations would provide. The violation of this obligation is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered as a result a doctor's negligence. This could include financial losses, like future medical bills, and non-economic damages, such as discomfort and pain.

In order to recover damages, it is necessary to establish that a doctor acted in violation of an obligation and that his violation of the standard of care resulted in injury, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen immediately, for example an error by a doctor caused an infection or other medical issues which required additional treatment. Other damage isn't as evident, like when your doctor misdiagnoses you, and you aren't able to receive the right treatment.

If your doctor's malpractice results in your death or death, you can file a lawsuit for the cause of death. In these claims you're entitled to everything you would have received in a survival case and punitive damages.

In most states, there is a limit on what you can claim in a malpractice claim. These caps vary by state and typically apply to both economic and non-economic damages. Some states have laws that limit the time you can delay before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be followed or the case could be dismissed. A glendale malpractice law firm (vimeo.com) suit must typically be filed between two and six years following the time when the mishap occurred. The timeframe for filing a malpractice lawsuit is different for each state.

The time limit is complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in the court. This process takes several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is often modified. In Pennsylvania the patient is entitled to two years from the time that they discovered the error. This is referred to as the discovery rule.

In some states the statutes of limitation begin to run from the date when the medical error occurred. This could be an issue if the error does not immediately trigger symptoms. Imagine, for Glendale Malpractice Law Firm example, that a doctor erroneously left a foreign body inside the body of a patient following surgery. The patient might not discover the object until three years after the procedure. In this case, the statutes of limitations may have started beginning from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. A plaintiff's expert witness will testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and the specialization for the type of doctor with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will explain how the defendant's deviance directly caused the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standards of care. It is normal for experts to disagree with each with respect to their opinions, but the fact finder decides who is the most reliable based on their knowledge and experience.

It is more beneficial for the expert to working in the medical field, because they will have more knowledge of the current practice. Judges and jurors often find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also recommended to get an expert witness who is skilled in the area of the legal malpractice. A medical expert who has had experience treating breast cancer for instance, can present a an argument convincingly as to the cause of an injury. A medical malpractice lawyer in Ocala will know what expert witnesses to consult.