3 Ways That The Malpractice Case Can Influence Your Life

How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or a hospital you must prove that the defendant has violated their duty to patients. This evidence can include hospital and medical documents.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not met or are even breached. This can lead to devastating consequences.

If someone suffers injury or death as a result of a doctor's malpractice, they may bring a lawsuit against the medical professional. In order to file a valid claim, the injured patient must prove that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission by a physician that deviates from the norms of practice accepted within the medical profession, and causes injury to the patient. It is an aspect of tort law, which deals with civil wrongs that do not fall under legal obligations or criminal offenses.

Medical negligence is distinct from normal negligence in that the victim must demonstrate that the doctor knew, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not malpractice lawyers. This is because the doctor didn't intend to harm anyone.

In an instance of medical malpractice the defendant's obligation is to treat the patient in line with the standards of care that a competent health professional with similar experience and education would provide in similar circumstances. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses due to a physician's negligence. This could include financial losses, including future medical costs, and non-economic losses like discomfort and pain.

To be able to claim damages, you must prove that the doctor breached a duty of care, that the physician's deviation from the norm caused injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed in a matter of minutes, for instance when a mistake made by a doctor led to an infection, or other medical complications that required additional treatment. Certain damages are more difficult to spot for instance, when the doctor is unable to diagnose your condition and you cannot get the right treatment.

If your doctor's malpractice leads to your death and you are unable to sue, you may be able to sue for the cause of death. In these claims you're legally entitled to all the compensation you would have received in a lawsuit for survival as well as punitive damages.

In most states, there are limits to the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

Like any lawsuit there are certain deadlines that must be observed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The time frame varies by state.

The time limit can be complicated and it is important to speak with an attorney immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be able to stand lawyers in court. This stage takes several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is often altered. For instance, in Pennsylvania patients must make a claim within two years from the time they were aware of the malpractice, or when a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This can be problematic if the medical malpractice attorney does not cause any immediate symptoms. Imagine, for example, that a doctor has negligently left a foreign body inside the body of a patient following surgery. The patient may not realize the foreign object until at least three years after surgery. In that situation the statute of limitations might have started to begin running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff 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 this type of doctor with the same qualifications and experience and the manner in which the defendant deviated from those standards. The expert will also explain the way in which the defendant's actions directly caused the injury to the patient.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor was able to provide the required care. It is common for experts to disagree with one with respect to their opinions, but the fact finder determines who is the most reliable based on their expertise and experience.

It is best for an expert to be working in the medical field as they will have a better understanding of current practices. Jurors and judges typically find practicing professionals more credible than experts who rely only on court testimony.

It is also advisable to hire an expert who has specialized in the area of malpractice. For example, a medical expert who is knowledgeable about dealing with breast cancer can present a an argument more convincing regarding the cause of a plaintiff's injury. An experienced Ocala medical malpractice lawyer will know which expert witnesses to consult for your case.