How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor malpractice must prove that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical documents.

Our lawyers have experience deposing witnesses in a professional manner. These may be doctors or other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately these standards aren't always met or even violated. The consequences of this breach could be devastating.

When someone is injured or death due to a doctor's negligence, they could bring a lawsuit against the medical professional. To have a valid claim, the injured patient must prove that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as an act by an individual doctor that is not in line with the norms of the medical community and causes harm to patients. It is a subset of tort law that deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the party who suffers has to demonstrate that the doctor knew, Malpractice or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery would be guilty of negligence but not malpractice because the surgeon did not intend to cause harm.

In a medical malpractice case, the defendant's duty is to treat the patient in accordance with the standard of care that a knowledgeable health professional with similar experience and education would offer in similar circumstances. The violation of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

Damages in a malpractice case are determined by the losses you sustained as a result of the negligence of a physician. They can be a combination of financial loss such as the expense of medical treatment in the future, and non-economic losses such as suffering and pain.

To recover damages, you must prove that the doctor violated the duty of care, that the physician's deviation from the standard of care caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be identified in a matter of minutes, for instance an error by a doctor led to an infection, or other medical complications that required further treatment. Other damages aren't as apparent, such as when your doctor misdiagnoses you and you are unable to receive the proper treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. You may seek punitive damages in addition to the amount you would receive in a case of survival.

In most states, there are limits to the amount you can recover in a malpractice case. These limits vary from state to state and are often applicable to both economic and other damages. Certain states have laws that limit how long you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be followed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The specific time limit is determined by the state.

The time limit is complicated and it is important to consult with an attorney right away. The law firm will investigate to determine if there was malpractice and if the case can stand up in the court. This can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitations is modified. For instance in Pennsylvania a patient must file a claim within 2 years of the date they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations begins at the time the malpractice happened. This could be an issue if the error does not immediately trigger symptoms. As an example, suppose doctors mistakenly leave an object foreign to the body following surgery. The patient may not realize the foreign object until three or more years after the surgery. In this scenario the statute of limitations could have begun at the time of surgery rather than the moment of discovery.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of treating the patient with respect as well as the standards of medical care in the region and specialization for this type of doctor who has similar qualifications and abilities and the ways in which the defendant deviated from the standards. The expert will then explain how the deviance directly contributed to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert, and offer their professional opinion about whether the doctor was able to provide the required care. Experts could differ but the fact-finder will decide which expert is most reliable.

It is best for the expert to continue working in the medical field as they are more informed about current practice. Judges and jurors often consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also beneficial to hire an expert witness who has expertise in the field of legal malpractice law firms - sneak a peek at this web-site -. A medical expert with had experience treating breast cancer for instance, can present a an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know which experts to ask.