You ll Never Guess This Malpractice Case s Benefits

How to File a Medical Malpractice Lawsuit

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

Our lawyers are skilled at conducting effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, in some cases these standards are not met or are even violated. The results of this breach can be devastating.

If someone is injured or suffers death because of a doctor's malpractice, they may pursue a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements exist: duty, breach of duty, causation and damages.

Malpractice is defined as an action by the doctor that is against the accepted norms of the medical profession and causes injury to a patient. It is a part of tort law that is concerned with civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For example an surgeon who accidentally nicks a nerve or vein during surgery could be guilty of negligence but not malpractice since the surgeon did not intend to cause harm.

In the case of medical negligence, the defendant's duty is to provide the patient with the standard of care a qualified health professional with similar experience and education could provide in similar situations. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you have suffered as a result of the negligence of a doctor. This can include both financial loss, like the cost of future medical expenses, and non-economic losses such as suffering and pain.

To be able to claim damages, it is necessary to show that a doctor has violated the law and that his deviance from the standard of care caused injuries, and the damage resulted in measurable financial costs. This is a difficult legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance when a mistake made by a doctor caused an infection or other medical complications that required additional treatment. Some damages are more difficult to identify in the event that an expert misdiagnoses your illness and you are unable to receive the proper treatment.

If the negligence of your doctor causes you to die or death, you can file a lawsuit for the wrongful death. You may seek punitive damages in addition to the compensation you would receive in a survival suit.

In most states, there are limitations on the amount you can recover in a legal case. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict the time it takes to start a lawsuit.

Time Limits

Like any lawsuit, there are specific time limits which must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The exact time frame differs by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice occurred and if it will hold up 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 often altered. For instance, in Pennsylvania the patient must file a claim within 2 years of the date they were aware of the malpractice, or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In some states the statutes of limitations begin to run from the date on which the medical error occurred. This could be an issue if the error does not immediately trigger symptoms. As an example, suppose 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 instance the statute of limitations may have started running from the date of the surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient and the medical standards applicable to the area and the specialization for this type of doctor who has similar qualifications and abilities and the manner in which the defendant departed from the standards. The expert will describe how the defendant's deviance directly impacted the victim's injury.

The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor was in compliance with the standards of care. The experts may disagree however the fact-finder determines which expert is the most trustworthy.

It is recommended for the expert to remain working in the medical field because they are more knowledgeable about current practice. Judges and jurors typically find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to get an expert witness who is skilled in the field of malpractice. A medical professional who has expertise in treating breast cancer, for instance, can provide an argument that is convincing regarding the reason for an injury. An experienced Ocala medical malpractice lawyer attorney will know which experts to contact for your case.