You ll Be Unable To Guess 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 breached his or her duty to patients. This evidence may include hospital and medical records.

Our attorneys have extensive expertise in obtaining depositions that are successful. These may be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health professional. In some instances, these standards are not met or are even violated. The results of this breach could be devastating.

When someone is injured or death as a result of a doctor's negligence, they can sue the medical professional. In order to file a valid claim, the injured patient must demonstrate that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by the physician that goes against the norms of practice accepted in the medical community and can cause injury to the patient. It is an aspect of tort law that addresses civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence doesn't. For example, a surgeon who accidentally cut a vein or nerve during surgery is guilty of negligence but not malpractice since the doctor didn't intend to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a knowledgeable health professional with similar experience and training could provide in similar situations. The violation of this duty is an essential aspect because it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you suffered due to a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic damages such as pain and discomfort.

In order to recover damages, you must show that the doctor violated the duty of care, that the doctor's deviation from the standard of care resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be seen quickly, for example, if a doctor's mistake resulted in an infection or malpractice any other medical condition that required additional treatment. Other damages aren't as apparent, such as when your doctor misdiagnoses you, and you're unable to receive the right treatment.

If a medical professional's negligence causes you to die, you can sue for wrongful death. In these cases you are entitled to all the benefits you could have gotten in a survival action in addition to punitive damages.

In most states, there are limitations on the amount you can recover in a legal case. These caps vary from state to state and are generally applicable to both economic and other damages. Some states have laws that limit how long you can delay before filing an action.

Time Limits

As with all lawsuits there are time frames which must be adhered to or the case could be barred. A malpractice suit must typically be filed between two and six years after the incident occurred. The time frame varies by state.

The time limit is complicated, so it is vital to consult a lawyer right away. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be found to be valid in court. This can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. For instance in Pennsylvania the patient has to make a claim within two years from the date they realized the malpractice or that a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This could be a problem when the malpractice does not immediately cause symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient might not find the object until three years after the procedure. In this scenario the statute of limitations could have been in the year following the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the facts of the case. An expert witness for the plaintiff will be able to testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialty for that type of physician with similar qualifications and skills and malpractice the manner in which the defendant's actions were in violation of the standards. The expert will discuss the way in which the defendant's actions directly impacted the victim's injury.

The defendant will hire a professional to counter the plaintiff's expert and offer their professional opinion as to whether the doctor's treatment was consistent with requirements of medical care. Experts could differ, but the fact-finder decides which expert is most trustworthy.

It is better for an expert to be working in the medical field because they'll have better understanding of current practices. Jurors and judges often believe that practicing professionals are more credible than experts whose sole source of income is testifying in court.

It is also preferable to get an expert witness that is specialized in the field of malpractice. A medical professional with expertise in treating breast cancer, for instance, can present a an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala knows which experts to ask.