The People Who Are Closest To Malpractice Case Share Some Big Secrets

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This evidence could include medical and hospital documents.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors, other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health professional. However, in a few instances these standards are not met or are even breached. This can cause devastating consequences.

When someone is injured or death as a result of a doctor's negligence, they can pursue a lawsuit against the medical professional. To have a valid case the patient who has been injured must prove four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of medical practice in the medical community, and can cause injury to the patient. It is a component of tort law that deals with civil wrongs but not criminal or contractual obligations.

Medical negligence is different from regular negligence because the victim must show that the doctor knew or should have known that their actions could cause harm in order to claim malpractice, but normal negligence is not required. For instance a surgeon who accidentally cuts a vein or nerve during surgery could be guilty of negligence but not malpractice as the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant is bound by the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances would provide. The violation of this duty is a crucial aspect because it proves that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are dependent on the losses you have suffered due to negligence by a doctor. This could include financial losses, such as future medical costs, as well as non-economic losses like discomfort and malpractice lawsuit pain.

In order to obtain damages, it is essential to establish that a doctor acted in violation of a duty and that his deviance from the standard of care caused injuries, and the damage caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for instance, if a doctor's mistake led to an infection, or any other medical condition that require additional treatment. Some damage is more difficult to see, such as when doctors misdiagnose your condition and you are unable to receive the proper treatment.

If the negligence of your doctor results in your death and you are unable to sue, you may be able to sue for wrongful death. You can claim punitive damages in addition to the amount you would get in a lawsuit for survival.

In many states, there are limitations on the amount you can recover in a malpractice case. These caps vary by state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to file a lawsuit.

Time Limits

Like any lawsuit, 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 of the medical malpractice arising. The specific time limit is different for each state.

The time limit can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could be accepted in the court. This process can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. For example in Pennsylvania a patient must file a claim within 2 years from the date they discovered the malpractice or when a reasonable individual would have known that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This could be an issue if the medical error doesn't cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body inside the body of a patient following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In this scenario, the statutes of limitations could have started running from the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice lawyers cases. The expert of the plaintiff will testify regarding the duty of the doctor to the patient, the medical requirements for doctors who have similar qualifications in the same area and specialty and the ways that the defendant's actions were contrary to the standard. The expert will then describe how the deviation directly contributed to the patient's injury.

The defendant will hire a professional to counter the plaintiff's expert and provide their professional opinion on whether the doctor's actions met the guidelines of care. The experts could disagree, but the fact-finder decides which expert is the most reliable.

It is preferential for the expert to be working in the medical field as they are more knowledgeable about current practices. Jurors and judges typically consider practicing professionals more believable than experts whose only source of income is the testifying in court.

It is also preferable to have an expert witness who specializes in the area of the fraud. For example a medical professional who is proficient in treating breast cancer can make a more convincing argument about the cause of a plaintiff's injury. A medical malpractice attorney in Ocala will know what experts to ask.