Question: How Much Do You Know About Malpractice Case

How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or hospital you must establish that the defendant has breached their duty towards patients. This evidence could include medical and hospital records.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately these standards aren't always adhered to or even observed. This can cause devastating consequences.

A lawsuit can be brought against a medical professional when the patient is injured or dies as a result of the negligence of the physician. To be able to make 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 by the physician that goes against the accepted norms of medicine in the medical community and can cause injury to the patient. It is a component of tort law that covers civil violations but not criminal or contractual obligations.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice case the defendant's responsibility is to treat the patient in line with the standards of care that a qualified health professional with similar experience and education would provide in similar circumstances. The breach of duty is significant because it proves that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial loss, such as the costs of future medical treatment, and non-economic losses such as pain and suffering.

In order to obtain damages, you need to demonstrate that a doctor did not fulfill the law and that his deviance from the standard of care caused 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 evident for instance, if a doctor made an error that resulted in an infection or other medical problem that required additional treatment as a result. Other damage isn't as evident, for instance, if your doctor has misdiagnosed you and you are unable to get the correct treatment.

If a doctor's error causes you to die and you are unable to sue, you may be able to sue for the wrongful death. In these cases, you are legally entitled to all the compensation you could have gotten in a lawsuit for survival as well as punitive damages.

In the majority of states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states have laws that limit the length of time you have to wait before filing an action.

Time Limits

Like all lawsuits, there are time limits which must be adhered to or the case could be thrown out. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The timeframe for filing a malpractice lawsuit varies by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and whether it will hold up in the court. This process can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. In Pennsylvania patients are entitled to two years from the time that they realized the negligence. This is referred to 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. Imagine, for example, that a doctor erroneously left a foreign body inside the body of the patient after surgery. The patient may not realize the foreign object until three or more years after the surgery. In this situation the statute of limitations could have begun beginning from the date of surgery rather than the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the region and specialization for this type of doctor with the same qualifications and experience and the ways the defendant's actions were in violation of those standards. The expert will explain how the defendant's deviance directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor was able to provide the required care. Experts may differ however the fact-finder determines which expert is most trustworthy.

It is recommended for the expert to be working in the medical profession since they are more knowledgeable about current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also recommended to get an expert witness that is specialized in the area of the negligence. A medical expert who has had experience treating breast cancer for firm instance, can present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice lawyer will know which expert witnesses to contact for your case.