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 breached his or her obligation to patients. This evidence could be a hospital and medical records.

Our attorneys have extensive experience in conducting effective depositions. They may be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

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

When someone is injured or death due to a doctor's negligence, they could pursue a lawsuit against the medical professional. To have a valid claim, the injured patient must prove that four legal elements exist which include breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medical practice in the medical community and results in injury to the patient. It is a component of tort law, which addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the party who suffers has to demonstrate that the doctor knew, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to cause harm to anyone.

In a medical malpractice law firms case the defendant's responsibility is to provide the patient with the standard of care a prudent health care professional of similar experience and training could provide in similar situations. The breach of duty is crucial since it establishes that the negligent act caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered due to a doctor's negligence. This could include financial losses, like future medical expenses, as well as non-economic losses like pain and discomfort.

In order to obtain damages, you need to prove that a doctor violated a duty or obligation, and that his lapse from the standard of care led to injuries, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an illness or other medical issue that required additional treatment because of it. Other damages aren't as obvious, for instance if your doctor has misdiagnosed you and you aren't able to receive the right treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. In these claims you are legally entitled to all the compensation you would have received in a survival lawsuit and punitive damages.

In most states, there is a limit on the amount you can be awarded in a malpractice claim. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit the time it takes to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a lawsuit varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there was a mistake and if the case can stand up in the court. This phase can last for weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. In Pennsylvania the patient is entitled to two years from the date that they were aware of the error. This is known as the discovery rule.

In certain states the statutes of limitation begin to run on the date that the medical error occurred. This is an issue when the mistake does not immediately cause symptoms. Consider, for instance, that a doctor erroneously left a foreign body inside the patient's body after surgery. The patient may not discover the foreign object until at least three years after surgery. In this case, the statutes of limitations may have started beginning from the date of surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. An expert witness for the plaintiff will testify about the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field as well as the specific ways in which the defendant's conduct was different from the standards. The expert will discuss why the defendant's omission directly impacted the victim's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor was able to provide the required care. It is common for experts to differ with each however the factfinder determines who is the most reliable based on their experience and education.

It is best for the expert to remain working in the medical field since they are more knowledgeable about current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also advisable to use an expert witness who specializes in the field of malpractice. For instance an expert in medical practice who is knowledgeable about treating breast cancer can provide an argument more convincing regarding the reason for the plaintiff's injury. A seasoned Ocala medical malpractice attorney will know which experts to contact for your case.