How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health professional. However, in a few instances these standards are not met, or even breached. This can lead to devastating consequences.

A lawsuit may be filed against a medical professional if the patient is injured or dies due to the malpractice of that doctor. To be able to make a valid claim, the injured patient must demonstrate that four legal elements are present which include breach of duty, causation, and damages.

Malpractice is defined as an act by a doctor that is outside the norms of the medical community and causes injury to the patient. It is a section of tort law, which covers civil violations but not criminal or contractual duties.

Medical negligence differs from regular negligence in that the injured party has to prove that the doctor knew, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance the surgeon who cuts a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice because the surgeon did not intend to cause harm.

In a medical malpractice case the defendant is bound by a duty to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial losses, including future medical bills, and non-economic damages, such as discomfort and pain.

To be able to claim damages, you have to prove that the doctor did not fulfill a duty of care, that the doctor's deviation from that standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen quickly, for example when a mistake made by a doctor resulted in an infection or other medical issues which required additional treatment. Some damages are more difficult to spot like when the doctor is unable to diagnose your condition and you do not receive the correct treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. You may be able to claim punitive damages in addition the compensation you would receive in a case of survival.

In most states there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that restrict how long you can wait to file a lawsuit.

Time Limits

As with any lawsuit there are certain time limits to be adhered to or the case will be barred. Generally speaking, a little falls malpractice lawyer lawsuit must be filed within two to six years of the medical malpractice occurring. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice occurred and if it will hold up in the court. This phase can last for weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is frequently altered. In Pennsylvania patients are entitled to two years from the time that they were aware of the negligence. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run on the date the paradise Malpractice law firm occurred. This can be a problem when the malpractice does not immediately cause symptoms. Imagine, for example, that a doctor negligently left a foreign body in the patient's body after surgery. The patient may not be aware of the object until three years after the procedure. In this case the statute of limitations could have started in the year following the date of the surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify regarding the duty of the doctor to the patient, the medical requirements for doctors with similar qualifications in the same area and field, and the ways the defendant deviated from those standards. The expert will also explain how the deviance directly caused the patient's injury.

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 not uncommon for experts to disagree with one other, but the fact finder decides who is most credible based on their expertise and experience.

It is more beneficial that the expert continue to be working in the medical field, since they'll have a greater understanding of current practice. Jurors and judges typically consider professionals who are practicing more credible than experts who rely solely on court testimony.

It is also recommended to choose an expert who is specialized in the area of malpractice. For example an expert in medical practice who is proficient in treating breast cancer can make an argument more convincing regarding the reason for the plaintiff's injury. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.

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