3 Ways That The Malpractice Case Can Influence Your Life

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This can be evidence from hospitals and medical records.

Our attorneys have a wealth of experience in taking effective depositions. They may be doctors, other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. However, in a few instances these standards are not met or are even violated. The results of this breach can be devastating.

If someone suffers injury or Lawsuits death because of a doctor's malpractice, they may bring a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must prove that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medicine within the medical profession, and inflicts harm on the patient. It is a component of tort law, which deals with civil wrongs but not criminal or contractual duties.

Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor knew, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found guilty of negligence but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice case the defendant is bound by a legal obligation to treat the patient according to the standard of care a reasonably prudent healthcare professional with comparable experience and training in similar circumstances would provide. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are determined by the losses you sustained as a result of the negligence of a doctor. This can include both financial losses, including future medical costs, as well as non-economic losses like pain and discomfort.

In order to recover damages, it is essential to prove that a doctor violated the duty of care, that his deviation from the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or other medical complications that required additional treatment because of it. Some damage is more difficult to identify in the event that a doctor misdiagnoses your condition and you are unable to receive the right treatment.

If the negligence of your doctor causes your death then you can sue for the wrongful death. You can claim punitive damages in addition to the money you would get in a lawsuit for survival.

In a majority of states, there are limitations on the amount you can be awarded when you file a claim for malpractice. These caps vary by state, and often apply to both economic and non-economic damages. Some states also have rules that limit the time it takes to make a claim.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case may be barred. A malpractice attorney lawsuit must generally be filed between two and six years after the act occurred. The specific time limit is determined by the state.

The time frame can be complex, and it is crucial to speak with an attorney immediately. The law firm will investigate to determine if there was any malpractice and if the case can be heard in court. This stage takes months or weeks.

Medical malpractice cases are subject to different laws and the statute of limitations is frequently altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they were aware of the error. This is referred to as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be problematic if the act does not immediately trigger symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient may not be aware of the object until three years after the procedure. In this case the statute of limitation could have expire from the date the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, the medical standards for doctors with similar qualifications in their area as well as the specific ways in which the defendant departed from those standards. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion on whether the doctor was able to provide the required care. Experts may differ but the fact-finder is the one who decides which expert is most credible.

It is more beneficial that the expert continue to be working in the medical field because they will have better knowledge of current practices. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also beneficial to hire an expert witness who specializes in the field of malpractice. For instance a medical professional who is experienced in dealing with breast cancer can present a an even more convincing case for the reason for the plaintiff's injury. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to contact for your case.