You ll Never Guess This Malpractice Case s Benefits

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant acted in breach of his or her duty to patients. This can be evidence from hospitals and medical records.

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

Negligence

When a patient goes to a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The consequences of this breach can be devastating.

When someone is injured or Malpractice death as a result of a doctor's negligence, they can pursue a lawsuit against the medical professional. To have a valid claim, the patient must demonstrate that four legal elements exist: duty, breach of duty, causation, and damages.

Malpractice can be defined as an act by doctors that goes against the accepted norms of the medical community and causes harm to a patient. It is a section of tort law that deals with civil wrongs not criminal offenses or contractual duties.

Medical negligence is different from regular negligence because the victim must prove that the doctor was aware or ought to have known that their actions could cause harm in order to claim malpractice, but normal negligence is not required. For instance an surgeon who accidentally cut a vein or nerve during surgery could be found considered negligent, but not malpractice since the surgeon did not intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standards of care a qualified health professional with similar experience and qualifications would offer in similar circumstances. The breach of duty is important since it establishes that the negligent act caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered caused by a doctor's negligence. These could include both financial loss such as the cost of future medical expenses and non-economic losses, like suffering and pain.

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

Some of these losses are evident like when your doctor made an error that resulted in an infection or medical condition, and you needed additional treatment because of it. Some damage is more difficult to spot like when a doctor misdiagnoses your condition and you cannot get the correct treatment.

If the negligence of your doctor results in your death and you are unable to sue, you may be able to sue for wrongful death. You may be able to claim punitive damages in addition to the money you'd get in a lawsuit for survival.

In many states, there are limits on what you can receive in a malpractice claim. These caps differ from state to state and are often applicable to both economic and other damages. Certain states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice was committed and if it could be able to stand in the court. This process takes several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is changed. For instance in Pennsylvania patients must make a claim within two years from the date they realized the malpractice or when a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This can be a problem if the medical malpractice does not cause any immediate symptoms. For instance, suppose a doctor negligently leaves an object that is foreign in the body after surgery. The patient might not find the object until three years after the surgery. In this scenario the statute of limitations could have begun running from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice law firm cases. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialization for this type of doctor with similar qualifications and skills and the ways in which the defendant departed from those standards. The expert will also explain how the deviance directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor was in compliance with the standards of care. Experts may differ but the fact-finder is the one who decides which expert is the most credible.

It is advisable for the expert to remain working in the medical field as they are more informed about current practice. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is a testimony in court.

It is also advisable to hire an expert who has specialized in the field of 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 knowledgeable Ocala medical malpractice attorney will know which expert witnesses to call for your case.