You ll Never Guess This Malpractice Case s Benefits

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her duty to patients. This evidence could be a medical and hospital records.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, malpractice hospital or malpractice health care professional. Unfortunately they aren't always met, or even violated. The consequences of this breach could be devastating.

If someone suffers injury or death because of a doctor's negligence, they can pursue a lawsuit against the medical professional. To be able to make a valid claim, the patient must demonstrate that there are four legal elements present such as breach of duty, causation and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of medicine in the medical community and results in injury to the patient. It is a component of tort law that covers civil violations but not criminal or contractual obligations.

Medical negligence is distinct from regular negligence in that the party who suffers must prove that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to cause harm to anyone.

In a medical malpractice case the defendant is under the obligation of treating the patient in accordance with the standard 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 element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered caused by a doctor's negligence. This can include both financial losses, including future medical costs, as well as non-economic damages such as discomfort and pain.

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill the law and that his violation of the standard of care led to injuries, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made a mistake that led to an infection or other medical problem, and you needed additional treatment because of it. Certain damages are more difficult to spot, such as when the doctor is unable to diagnose your condition and you do not receive the proper treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the amount you would receive in a survival suit.

In most states there are limitations on the amount you can recover in a legal case. These caps vary by state and usually apply to both economic and non-economic damages. Some states have laws that limit how long you have to wait before filing an action.

Time Limits

Like any lawsuit there are deadlines which must be adhered to or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The timeframe for filing a lawsuit differs by state.

The time frame can be complicated, so it is vital to speak with an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will hold up in the court. This process can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania the patient is entitled to two years from the time that they were aware of the negligence. This is known as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This can be an issue if the error does not cause immediate symptoms. As an example, suppose the doctor is negligently leaving an object foreign to the body after surgery. The patient may not be aware of the object until three years after the surgery. In this scenario the statute of limitations could have been beginning from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the duty of the doctor to the patient, medical guidelines for doctors who have similar qualifications in the field as well as the specific ways the defendant deviated from the standards. The expert will then explain how the deviance directly contributed to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion about whether the doctor's actions met the standards of care. It is common for experts to disagree with each however the fact finder decides who is most credible based on their expertise and experience.

It is more beneficial for the expert to working in the medical field, because they'll have better understanding of current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose only source of income is testifying in court.

It is also better to work with an expert who is specialized in the field of malpractice. For example an expert in medicine who is well versed in treating breast cancer can make a more convincing argument about the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know which experts to speak with.