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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 duty to patients. This evidence may include hospital and medical documents.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals in private practice or staff at a clinic or hospital.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. Unfortunately they aren't always met or even complied with. This can cause devastating results.

If someone is injured or suffers death because of a doctor's negligence, they can file a lawsuit against the medical professional. To establish a case, an injured patient must establish four legal aspects: duty, breach, damages and causation.

malpractice lawyers is defined as the act or omission of a physician that deviates from the accepted norms of medical practice in the medical community, and results in injury to the patient. It is a subset of tort law which covers civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence in that the victim has to demonstrate that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, malpractice but not malpractice. This is because the doctor did not intend to hurt anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to provide the patient with the standard of care a prudent health care professional of similar experience and education could provide in similar situations. The violation of this duty is a critical aspect since it shows that the alleged negligence caused the injury.

Damages

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

To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill an obligation and that his deviance from the standard of care led to injury, and the injury had quantifiable financial consequences. This is a complex legal analysis, which usually requires expert witness testimony.

Certain of these losses can be identified in a matter of minutes, for instance, if a doctor's mistake resulted in an infection or other medical issue which required additional treatment. Some damages are more difficult to see, such as when the doctor is unable to diagnose your condition and you are unable to receive the right treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. You can seek punitive damages in addition the compensation you would receive in a survival lawsuit.

In the majority of states, there are limitations on the amount you can recover in a legal case. The caps differ by state and usually apply to both economic and non-economic damages. Certain states also have rules that limit the length of time you have to wait to file a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The exact time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there was a mistake and whether the case will be heard in court. This stage takes weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. For instance, in Pennsylvania patients must make a claim within two years from the time they were aware of the malpractice, or the date a reasonable person should have realized the injury existed. This is known as the discovery rule.

In some states, the statutes of limitations begin to run on the date on which the medical error occurred. This could be a problem if the medical error does not cause immediate symptoms. For instance, suppose that the doctor is negligently leaving a foreign object in the body after surgery. The patient may not be aware of the object until three years after the surgery. In this situation, the statutes of limitations may have started beginning from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. A plaintiff's expert witness will testify about the doctor's duty of taking care of the patient as well as the standards of medical care in the region and specialization for doctors with similar qualifications and skills and the manner in which the defendant violated those standards. The expert will also explain the way in which the defendant's actions directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion on whether or not the doctor met the standard of care. The experts may disagree however the fact-finder determines which expert is most reliable.

It is recommended for the expert to be still working in the medical field because they are more knowledgeable about current practice. Jurors and judges often consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also better to work with an expert who specializes in the field of malpractice. A medical expert who has expertise in treating breast cancer, for example, can make an argument that is convincing regarding the reason for an injury. An experienced Ocala medical malpractice attorney will know which expert witnesses to consult for your case.