Is Malpractice Case The Best Thing There Ever Was

How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or hospital you must establish that the defendant has violated their duty to patients. This can be evidence from hospitals and medical documents.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. In some instances, these standards are not being met or even breached. The results of this breach could be devastating.

If someone suffers injury or death as a result of a physician's negligence, they can pursue a lawsuit against the medical professional. To be able to make a valid claim, the patient must prove that there are four legal elements in place in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by a physician that deviates from the norms of practice accepted in the medical community, and causes injury to the patient. It is a part of tort law that covers civil violations but not criminal or contractual duties.

Medical negligence differs from regular negligence in that the victim has to prove 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. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to hurt anyone.

In a medical malpractice case, the defendant's duty is to treat the patient in accordance with the standard of care that a competent health professional with similar experience and expertise could provide in similar situations. The breach of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered caused by a doctor's negligence. These could include both financial loss such as the expense of medical treatment in the future and non-economic losses, such as suffering and pain.

To be able to claim damages, you must prove that the doctor did not fulfill the duty of care, that the physician's deviation from that standard caused injury, and the injury was measurable in terms of financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified quickly, for example an error by a doctor led to an infection, or other medical issue that required further treatment. Other damages are less readily apparent, such as when your doctor misdiagnoses you, and you are unable to receive the appropriate treatment.

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

In a majority of states, there are restrictions on the amount you can be awarded in a malpractice claim. The caps differ from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

As with all lawsuits there are certain time limits that must be followed or the case will be barred. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The deadline varies according to state.

The time limit is complex and it is essential to speak with an attorney right away. The law firm will conduct an investigation to determine if there was a mistake and whether the case will be heard in court. This process can take weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is extended. For example in Pennsylvania patients must submit a claim within two years from the day they realized the malpractice or the date a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This is an issue when the mistake does not immediately cause symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the body of the patient after surgery. The patient might not find the object until three years after the surgery. In this scenario the statute of limitations could have been beginning from the date of surgery, not the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the details of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of taking care of the patient and the medical standards for the region and specialty for doctors with similar qualifications and expertise and the ways in which the defendant departed from those standards. The expert will discuss the way in which the defendant's actions directly caused the injury to the patient.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion on whether or not the doctor was in compliance with the standards of care. It is not uncommon for experts to differ with each and yet the fact finder determines who is the most trustworthy based on their education and experience.

It is preferential for the expert to be working in the medical field since they are more knowledgeable about the current practices. Jurors and judges typically find practicing professionals more credible than experts who solely rely on court testimony.

It is also recommended to get an expert witness who is skilled in the field of fraud. A medical expert with experience treating breast cancer, for instance, can provide a convincing argument as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to call for your case.