How to File a Medical Malpractice Lawsuit

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

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

Negligence

If a patient is seen by a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.

When someone suffers injury or death because of a doctor's negligence, they could sue the medical professional. In order to file a valid claim, the injured patient must prove that four legal elements exist: duty, breach of duty, causation and damages.

Daly city malpractice attorney is defined as the act or omission of medical professionals that is contrary to the accepted norms of medical practice in the medical community, and causes injury to the patient. It is an aspect of tort law that deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence because the injured party must prove that the doctor knew or should have known that their actions could cause harm to claim malpractice, but normal negligence does not. For instance the surgeon who cuts a vein or nerve during surgery is in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice case the defendant's obligation is to provide the patient with the standard of care a qualified health professional with similar experience and training would offer in similar circumstances. The violation of this duty is a critical element since it proves that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are based on the losses you suffered due to a doctor's negligence. They can be a combination of financial losses, such as the costs of future medical treatment, and non-economic losses like pain and suffering.

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill the duty of care and that his violation of the standard of care led to injuries, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that led to an illness or other medical issue that required additional treatment due to the result. Other damages are less readily evident, like when your doctor misdiagnoses you and you are unable to get the correct treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. In these claims you're legally entitled to all the compensation you would have gotten in a survival lawsuit and punitive damages.

In many states, there are limits on the amount you can recover in a legal case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that limit how long you can wait to start a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The timeframe for filing a lawsuit is different for each state.

The time limit can be complicated, so it is vital to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was a mistake and if the case can be heard in the court. This phase can last for months or weeks.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they discovered the negligence. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This is problematic if the medical malpractice does not cause any immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign object in the body of a patient following surgery. The patient might not discover the object until three years after the surgery. In this instance, the statutes of limitations could have been in the year following the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. An expert witness for a plaintiff will discuss the doctor's obligation of providing medical care to the patient, the medical standards in the region and specialty for the type of doctor with the same qualifications and experience and malpractice the manner in which the defendant's actions were in violation of those standards. The expert will then describe how the deviation directly contributed to the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert, and offer their professional opinion about whether the doctor met the guidelines of care. It is not uncommon for experts to disagree with one with respect to their opinions, but the factfinder determines who is the most trustworthy on their education and experience.

It is advisable for the expert to be working in the medical field since they are more knowledgeable about current practice. Judges and jurors often find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also recommended to choose an expert with expertise in the area of malpractice. A medical expert who has had experience treating breast cancer for instance, can present a a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know the best experts to speak with.