Where Can You Find The Top Malpractice Case Information

How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or a hospital it is necessary to prove that the defendant has breached their obligation to patients. This evidence may include medical and hospital records.

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health professional. However, in a few instances these standards are not adhered to or even breached. The consequences of this breach could be devastating.

When someone is injured or death because of a doctor's negligence, they could pursue a lawsuit against the medical professional. To be able to file a valid lawsuit, the person who was injured must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be defined as an act committed by a doctor that is outside the accepted norms within the medical profession and malpractice results in injury to the patient. It is a section of tort law that covers civil violations not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the injured party has to 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 is not a requirement. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In the case of medical negligence, the defendant's duty is to treat the patient in accordance with the standard of care that a reasonably prudent health care professional of similar experience and training could provide in similar situations. The breach of this duty is an essential element because it demonstrates that the alleged negligence 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. This can include both financial loss, like the cost of future medical care, and non-economic losses like pain and suffering.

In order to recover damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from the norm resulted in injury, and the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or other medical complications and you needed to seek additional treatment as a result. Certain damages are more difficult to spot, such as when doctors misdiagnose your condition and you don't receive the proper treatment.

If your doctor's malpractice causes your death, you can sue for the wrongful death. In these claims you are entitled to everything you could have gotten in a survival lawsuit, plus punitive damages.

In most states there are limitations on the amount you can recover in a malpractice case. The caps differ from state to state and are often applicable to both financial and other damages. Some states also have rules that limit the length of time you have to wait to start a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The time frame varies by state.

The time limit is complex and it is essential to consult an attorney immediately. The law firm will investigate to determine if there were any mistakes and if the case can stand up in court. This process takes weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is altered. In Pennsylvania patients are entitled to two years from the date that they realized the negligence. This is known as the discovery rule.

In certain states the statutes of limitations begin to expire on the date on which the medical error occurred. This can be an issue if the medical error doesn't cause immediate symptoms. For instance, suppose that a doctor negligently leaves an object that is foreign in the body following surgery. The patient might not discover the object until three years after the surgery. In this case the statute of limitations might have started to begin running from the date of the surgery instead of the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the details of the case. A plaintiff's expert will testify on doctors' obligations to the patient, the medical standards for doctors with similar qualifications in the area and specialization, and the ways that the defendant's actions were contrary to the standard. 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 counter the plaintiff's expert and offer their professional opinion about whether the doctor was able to provide the required care. It is normal for experts to differ with each however the fact finder determines who is most credible based on their experience and education.

It is more beneficial for an expert to working in the medical field as they will have a greater understanding of current practice. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also advisable to have an expert witness who is skilled in the area of the legal malpractice. A medical professional who has experience treating breast cancer, for example, can make an argument convincingly as to the reason for an injury. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.