Who s The World s Top Expert On Malpractice Case

How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a hospital or doctor you must prove that the defendant has violated their duty to patients. This evidence could include medical and hospital records.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, in some instances these standards are not met, or even breached. The results of this breach could be devastating.

When someone is injured or death because of a doctor's negligence, they could file 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 committed by an individual doctor that is not in line with the accepted norms within the medical profession and causes injury to patients. It is a subset of tort law which covers civil wrongs that aren't legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor was aware that their actions would cause harm in order to prove malpractice attorney, whereas normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to cause harm to anyone.

In a medical malpractice case the defendant has the obligation of treating the patient in accordance with the standard of care a reasonably competent healthcare professional with similar experience and education in similar circumstances could provide. The breach of duty is crucial because it shows that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses as a result a doctor's negligence. This could include financial losses, such as future medical costs, and non-economic losses like pain and discomfort.

To claim damages, you must prove that the doctor breached the duty of care, that the physician's deviation from that standard caused injury, and this injury resulted in quantifiable financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted immediately, for instance the case where a doctor's error resulted in an infection or any other medical condition which required additional treatment. Other losses are not as evident, like when your doctor is unable to diagnose you correctly, and you are not able to get the correct treatment.

If your doctor's malpractice causes you to die, you can sue for the cause of death. You may seek punitive damages in addition to the money you would get in a lawsuit for survival.

In a majority of states, there are restrictions on what you can receive when you file a claim for malpractice. These caps differ from state to state and are usually applicable to both economic and other damages. Certain states also have rules that limit the length of time you have to wait to make a claim.

Time Limits

As with any lawsuit, there are specific time frames that must be observed or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The timeframe for filing a malpractice lawsuit varies by state.

The time frame can be complicated and it is important to speak with an attorney right away. The law firm will investigate to determine if there was any malpractice and if the case will stand up in court. This process can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is extended. In Pennsylvania the patient is entitled to two years from the time that they discovered the malpractice. This is referred to as the discovery rule.

In some states, the statutes of limitations start to run on the date on which the medical error occurred. This can be an issue if the error doesn't immediately cause symptoms. For instance, suppose that a doctor negligently leaves a foreign object inside the body following surgery. The patient may not realize the object until three years after the procedure. In this situation the statute of limitations could have started beginning from the date of surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. A plaintiff's expert witness will discuss the doctor's obligation of providing medical care to the patient and the medical standards applicable to the region and specialization for this type of doctor with similar qualifications and skills and the manner in which the defendant violated those standards. The expert will explain how the deviance directly contributed to the injury of the patient.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor's treatment was consistent with standards of care. The experts could disagree, but the fact-finder decides which expert is the most reliable.

It is best for the expert to be working in the medical field because they will have more knowledge of the current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to hire an expert witness who specializes in the area of the fraud. A medical expert who has expertise in treating breast cancer, for instance, could present a an argument that is convincing regarding the cause of an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to consult for your case.