How to File a Medical Malpractice Lawsuit

In bringing a medical Oxford malpractice law Firm suit against a hospital or doctor requires evidence that the defendant has violated his or her obligation to patients. This evidence could include hospital and medical records.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately, in some instances these standards are not met or are even breached. The consequences of this breach can be devastating.

When someone suffers injury or death as a result of a physician's negligence, they can pursue a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements are present: duty, breach of duty, causation, and damages.

macon malpractice lawyer is described as an act performed by doctors that goes against the accepted norms within the medical profession and results in harm to a patient. It is a subset of tort law that addresses civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is distinct from normal negligence in that the victim must demonstrate that the doctor knew, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

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

Damages

In a case of malpractice, damages are calculated based on your losses due to a doctor's negligence. This can include both financial losses, such as future medical expenses, as well as non-economic damages such as pain and discomfort.

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

Some of these losses are obvious for instance, if your doctor made an error that caused an infection or medical condition, and you needed additional treatment due to the result. Other damage isn't as evident, like when your doctor misdiagnoses you and you aren't able to receive the right treatment.

You may sue for wrongful deaths 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 action and punitive damages.

In a majority of states, there are limitations on what you can claim in a malpractice case. These caps vary state-to-state, and often 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

As with all lawsuits there are certain deadlines that must be observed or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The deadline varies according to state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was malpractice and if the case will be heard in the court. This stage can take months or even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitation is usually modified. In Pennsylvania, a patient has two years from the date that they were aware of the error. This is called the discovery rule.

In certain states, the statutes of limitations start to run on the date on which the malpractice occurred. This could be an issue if the error is not immediately causing symptoms. For example, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient may not be aware of the object until three years after the procedure. In that situation the statute of limitation could have begun to run from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice law firm cases. The expert of the plaintiff will testify on the duty of the doctor to the patient, the medical guidelines for doctors with similar qualifications in the same area as well as the specific ways in which the defendant departed from those standards. The expert will explain why the defendant's omission directly impacted the patient's injuries.

The defendant will hire an expert to challenge the plaintiff’s expert, and Vimeo offer their professional opinion as to whether the doctor's treatment was consistent with standards of care. It is common for the experts to disagree with one other, but the fact finder determines who is the most trustworthy based on their expertise and experience.

It is preferential for the expert to continue working in the medical field as they are more knowledgeable about the current practices. Jurors and judges often consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also advisable to work with an expert who is specialized 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 attorney in Ocala knows which experts to ask.