You ll Never Guess This Malpractice Case s Tricks

How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

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

When someone is injured or death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. In order to have a valid claim, the patient must demonstrate that four legal elements exist in the case: breach of duty, causation, and damages.

Malpractice is defined as an act committed by an individual doctor that is not in line with the accepted norms within the medical field and can cause harm to a patient. It is a subset of tort law that deals with civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is different from regular negligence because the injured party must prove that the physician was aware that their actions could cause harm in order to be able to claim malpractice, malpractice however normal negligence is not required. For instance a surgeon who accidentally nicks a nerve or vein during surgery could be found considered negligent, but not malpractice (in the know) because the surgeon did not intend to cause harm.

In a case of medical malpractice, the defendant has an obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The violation of this duty is an essential element because it demonstrates that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you suffered due to negligence by a doctor. These could include both financial losses, such as the cost of future medical care, and non-economic losses like suffering and pain.

To recover damages, it is necessary to demonstrate that a doctor did not fulfill the law, that his deviation from the standard of care caused injury, and the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen immediately, for example the case where a doctor's error led to an infection, or any other medical condition that required further treatment. Certain damages are more difficult to see in the event that an expert misdiagnoses your illness and you do not receive the proper treatment.

If the negligence of your doctor causes you to die and you are unable to sue, you may be able to sue for the cause of death. You can seek punitive damages in addition to the money you would receive in a survival suit.

In a majority of states, there are limitations on what you can receive when you file a claim for malpractice law firm. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that limit the length of time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The deadline varies according to state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was any malpractice and if the case can stand up in the court. This process can take weeks or months.

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

In other states the statute of limitations starts to run from the date the malpractice happened. This is a problem if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body in the body of the patient after surgery. The patient may not realize the object until three years after the procedure. In that scenario the statute of limitations could have begun to expire from the date the surgery instead of the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert will testify about doctors' obligations to the patient, medical guidelines for doctors who have similar qualifications in the same area and field, and the ways the defendant deviated from the standards. The expert will explain how the defendant's departure directly caused the injury to the patient.

The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor met the standards of care. The experts could disagree, but the fact-finder decides which expert is the most reliable.

It is best for the expert to continue working in the medical profession since they are more knowledgeable about current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose only source of income is testifying in court.

It is also beneficial to get an expert witness that is specialized in the field of negligence. For example, a medical expert who is knowledgeable about treating breast cancer could make a a more convincing argument about the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice lawyer will be aware of the experts to consult for your case.