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How to File a Medical malpractice attorney Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This evidence may include medical and hospital records.

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

Negligence

If a patient is seen by a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some cases these standards are not adhered to or even violated. The consequences of this breach can be devastating.

If someone is injured or suffers death because of a doctor's negligence, they can sue the medical professional. To prove a case the injured person must prove four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an action by the doctor that is against the norms of the medical profession and causes harm to a patient. It is an aspect of tort law which covers civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is different from regular negligence in that the injured party must demonstrate that the doctor was aware, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance the surgeon who cut a vein or nerve during surgery would be guilty of negligence but not malpractice because the doctor didn't intend to cause harm.

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances could provide. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you suffered as a result of the negligence of a physician. This could include financial losses, such as future medical costs, and non-economic damages such as pain and discomfort.

To be able to claim damages, it is essential to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care led to injuries, and the damage resulted in measurable financial costs. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an illness or firm other medical issue and you needed to seek additional treatment in the aftermath. Some damage is more difficult to detect, such as when a doctor misdiagnoses your condition and you do not receive the correct treatment.

You can sue for wrongful death when a doctor's negligence caused your death. In these claims, you are entitled to everything you would have gotten in a survival action in addition to punitive damages.

In most states there are limits to the amount you can recover in a legal case. These caps vary by state, and often apply to both economic and non-economic damages. Some states also have rules that restrict the length of time you have to wait to start a lawsuit.

Time Limits

Like any lawsuit there are deadlines that must be followed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The timeframe for filing a lawsuit varies by state.

The time limit can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be found to be valid in the court. This phase can last for weeks or months.

Medical malpractice attorneys cases are governed by different laws and the statute of limitation is usually modified. For example in Pennsylvania a patient must make a claim within two years from the day they were aware of the malpractice, or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be an issue if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign object in the body of a patient following surgery. The patient might not find the foreign object until at least three years after the surgery. In this case, the statutes of limitations may have started running from the date of surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify about the duty of the doctor towards the patient, the medical standards for physicians who have similar qualifications in the same area and specialty and the ways in which the defendant's conduct was different from those standards. The expert will then describe how the departure directly contributed to the injury suffered by the patient.

The defendant will contract a professional to counter the plaintiff's expert, and firm provide their professional opinion on whether the doctor was in compliance with the requirements of medical care. The experts may disagree however the fact-finder determines which expert is most trustworthy.

It is better for the expert to still working in the medical field, as they will have a better understanding of current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is testimony in court.

It is also advisable to have an expert who specializes in the field of malpractice. For instance, a medical expert who is knowledgeable about treating breast cancer can make an argument more convincing regarding the reason for a plaintiff's injury. A seasoned Ocala medical malpractice lawyer will be aware of which expert witnesses to contact for your case.