You ll Never Guess This Malpractice Case s Tricks

How to File a Medical Malpractice Lawsuit

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

Our lawyers have experience taking depositions that are effective for witnesses. They could be doctors or other medical professionals in private practice or work at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately the standards aren't always adhered to or even observed. This breach can have devastating results.

If someone is injured or suffers death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements are present in the case: breach of duty, causation, malpractice and damages.

Malpractice can be described as an act performed by a doctor that is outside the accepted norms within the medical field and can cause harm to a patient. It is a subset of tort law, which deals with civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is distinct from normal negligence in that the party who suffers has to demonstrate 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 is considered negligent, but not malpractice because the surgeon did not intend to cause harm.

In a case of medical malpractice, the defendant has an obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with comparable knowledge and experience in similar circumstances would offer. The breach of duty is important because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered due to a physician's negligence. They can be a combination of financial loss, such as the cost of future medical care and non-economic losses, like pain and suffering.

To claim damages, you must show that the doctor did not fulfill the duty of care, that the physician's deviation from that standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be seen immediately, for example an error by a doctor resulted in an infection or other medical issues that require additional treatment. Certain damages are more difficult to detect like when the doctor is unable to diagnose your condition and you don't receive the proper treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. You may be able to claim punitive damages in addition to the money you would get in a lawsuit for survival.

In most states, there are limitations on what you can receive in a lawsuit for malpractice. These limits vary from state to state and are usually applicable to both financial and other damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are time limits 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 arising. The deadline varies according to state.

The time limit can be complex, and it is crucial to consult an attorney immediately. The law firm will investigate to determine if there was a mistake and if the case will stand up in court. This phase can last for several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitations is extended. In Pennsylvania patients are entitled to two years from the date when they first discovered the error. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This can be problematic if the act does not immediately cause symptoms. As an example, suppose the doctor is negligently leaving a foreign object in the body following surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In this situation the statute of limitations could have been running from the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will discuss the doctor's obligation of care to the patient, the medical standards in the region and specialization for the type of doctor with similar qualifications and skills and the ways that the defendant violated the standards. The expert will also explain how the deviance directly led to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert, and offer their professional opinion on whether the doctor met the standard of care. Experts may differ however the fact-finder determines which expert is the most reliable.

It is best for an expert to working in the medical field since they'll have a more knowledge of the current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on court testimony.

It is also beneficial to use an expert witness who specializes in the field of legal malpractice. A medical professional with expertise in treating breast cancer, for instance, can provide an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know which expert witnesses to consult.