The Hidden Secrets Of Malpractice Case

How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or a hospital, you must have evidence that the defendant has violated their obligation to patients. This evidence can include hospital and medical records.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals working in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. In some instances, these standards are not adhered to or even breached. The results of this breach could be devastating.

A lawsuit can be brought against a medical professional when an injured patient dies as a result of the negligence of the physician. In order to file a valid claim, the injured patient must demonstrate that there are four legal elements present which include breach of duty, causation, and damages.

Malpractice is defined as an act or omission by the physician that goes against the accepted norms of medicine in the medical field, and inflicts harm on the patient. It is a section of tort law, which is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence is different from normal negligence in that the party who suffers has to prove that the doctor knew, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice case, the defendant has the obligation of treating the patient according to the standards of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances would provide. The violation of this obligation is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you suffered as a result of the negligence of a doctor. This could include financial losses, like future medical costs, and non-economic damages such as pain and discomfort.

To recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the norm resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that led to an infection or other medical complications that required additional treatment as a result. Certain damages are more difficult to spot like when the doctor is unable to diagnose your condition and you do not receive the proper treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these cases, you are entitled to all the benefits you would have gotten in a lawsuit for survival and punitive damages.

In a majority of states, there is a limit on what you can claim when you file a claim for attorneys malpractice. The caps differ from state to state, and are typically applicable to both economic and other damages. Certain states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to, or the case could be thrown out. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The specific time limit is different for each state.

The time frame can be complicated, attorneys so it is vital to speak with an attorney immediately. The law firm will conduct an investigation to determine if there were any mistakes and if the case will stand up in court. This process takes several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitations is altered. For example in Pennsylvania patients must submit a claim within two years of the date they realized the malpractice or the date a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In some states the statutes of limitation begin to expire on the date that the malpractice occurred. This could be a problem when the malpractice does not immediately trigger symptoms. Imagine, for instance, that a doctor erroneously left a foreign object in the patient's body after surgery. The patient may not realize the foreign object until three or more years after surgery. In this case the statute of limitation could have start running from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice lawsuits cases. The expert of the plaintiff will testify about the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the same area and specialization, and the ways the defendant deviated from the standards. The expert will discuss the way in which the defendant's actions directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor met the standards of care. It is normal for experts to differ with each with respect to their opinions, but the factfinder decides who is the most trustworthy on their knowledge and experience.

It is preferential for the expert to still be working in the medical field, because they'll have greater understanding of current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than those who rely exclusively on the testimony of a court.

It is also recommended to get an expert witness who is skilled in the area of the fraud. A medical expert with prior experience treating breast cancer for instance, could present a an argument that is convincing regarding the cause of an injury. A seasoned Ocala medical malpractice lawyer will be aware of the experts to consult for your case.