You ll Never Guess This Malpractice Case s Benefits

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant acted in breach of his or her duty to patients. This evidence could be a hospital and medical documents.

Our lawyers are skilled at deposing witnesses in a professional manner. They could be doctors or other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

When a patient visits a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not being met or even breached. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional if a patient is injured or dies due to the malpractice of the physician. To prove a case the injured person must establish four legal aspects: duty, breach, damages and causation.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the norms of practice accepted in the medical community and can cause injury to the patient. It is a part of tort law, which is concerned with civil wrongs and not criminal offences or contractual duties.

Medical negligence differs from normal negligence in that the injured party 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 doesn't. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence but not negligence. This is because the surgeon didn't intend to cause harm to anyone.

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

Damages

The damages in a malpractice case are dependent on the losses you suffered as a result of the negligence of a physician. This can include both financial losses, such as future medical expenses, as well as non-economic damages such as pain and discomfort.

To claim damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the standard of care resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen immediately, for instance when a mistake made by a doctor resulted in an infection or other medical issue which required additional treatment. Some damage is more difficult to see, such as when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

If a doctor's error causes your death or death, you can file a lawsuit for the wrongful death. In these cases you are entitled to everything you could have gotten in a survival lawsuit, plus punitive damages.

In the majority of states, there are limitations on the amount you can recover in a legal case. These caps vary from state to state and are often applicable to both economic and other damages. Certain states have laws that limit how long you have to wait before filing a lawsuit.

Time Limits

As with any lawsuit, there are specific deadlines that must be observed or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The specific time limit differs by state.

The time limit is complicated and it is important to speak with a lawyer immediately. The law firm will investigate to determine if there was malpractice and whether the case will be heard in the court. This phase can last for up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitation is extended. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the negligence. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the malpractice does not cause any immediate symptoms. For instance, suppose that doctors mistakenly leave an object that is foreign in the body following surgery. The patient may not realize the foreign object until three or more years after surgery. In that scenario the statute of limitation might have started to run from the date of the procedure, not the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the details of the case. An expert witness for the plaintiff will discuss the doctor's obligation of providing medical care to the patient, the medical standards in the region and specialty for doctors with similar qualifications and expertise and the ways the defendant violated those standards. The expert will explain why the defendant's omission directly impacted the victim's injury.

The defendant will employ an expert to counter the plaintiff's expert and give their professional opinion on whether or not the doctor met the standard of care. It is not uncommon for experts to differ with each and yet the fact finder decides who is the most trustworthy based on their experience and education.

It is advisable for the expert to remain working in the medical profession since they are more knowledgeable about current practices. Jurors and judges tend to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also preferable to use an expert witness that is specialized in the area of the legal malpractice. A medical professional who has prior experience treating breast cancer for instance, can provide an argument convincingly as to the reason for an injury. A medical malpractice lawyer in Ocala knows which experts to ask.