You ll Be Unable To Guess Malpractice Case s Secrets

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant has violated his or malpractice her obligation to patients. This evidence can include hospital and medical documents.

Our attorneys are experienced at taking depositions that are effective for witnesses. These may be doctors or other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even violated. This can cause devastating consequences.

When someone suffers injury or death as a result of a doctor's malpractice, they may sue the medical professional. To have a valid case, an injured patient must establish four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of practice in the medical community and can cause injury to the patient. It is a subset of tort law that addresses civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence differs from normal negligence because the victim must show that the doctor was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence is not required. For instance a surgeon who accidentally nicks a nerve or vein during surgery is considered negligent, but not malpractice because the doctor was not aiming to cause harm.

In a medical malpractice lawsuit the defendant is bound by a legal obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances would provide. The violation of this duty is an essential element since it proves that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you sustained due to negligence by a doctor. This can include both financial losses, including future medical costs, and non-economic losses like discomfort and pain.

To recover damages, you have to prove that the doctor breached a duty of care, that the doctor's deviation from the norm caused injury, and that this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that resulted in an infection or other medical problem and you needed to seek additional treatment because of it. Some damages are more difficult to detect for instance, when doctors misdiagnose your condition and you do not receive the correct treatment.

You can sue wrongful death when a doctor's negligence caused your death. You may be able to claim punitive damages in addition to the amount you would get in a lawsuit for survival.

In a majority of states, there are limits on what you can claim in a lawsuit for malpractice. These caps differ from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The timeframe for filing a malpractice lawsuit differs by state.

The time limit is complicated, so it is vital to consult with a lawyer immediately. The law firm will conduct an investigation to determine if there was a mistake and if the case will stand up in court. This phase can last for several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is usually modified. For instance in Pennsylvania patients must submit a claim within two years from the day they discovered the malpractice or the date a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In some states, the statutes of limitations begin to expire on the date that the malpractice attorneys occurred. This is an issue if the medical error does not cause immediate symptoms. For example, suppose the doctor is negligently leaving a foreign object in the body following surgery. The patient might not find the foreign object until at least three years after the surgery. In that case the statute of limitation could have run from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert witness will be able to testify about the doctor's duty of care to the patient as well as the standards of medical care in the area and the specialization for the type of doctor with similar qualifications and skills and the ways the defendant violated the standards. The expert will then describe how the deviation directly led to the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert, and provide their professional opinion on whether the doctor was in compliance with the guidelines of care. It is normal for experts to disagree with each however the fact finder decides who is most credible based on their education and experience.

It is best for the expert to still working in the medical field because they will have better knowledge of current practices. Judges and jurors are likely to find practicing professionals more credible than those who rely exclusively on court testimony.

It is also advisable to choose an expert who has specialized in the field of malpractice. For instance an expert in medicine who is proficient in treating breast cancer can provide a more convincing argument about the cause of the plaintiff's injuries. An experienced Ocala medical malpractice lawyer will be aware of the experts to call for your case.