How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital, you must have evidence that the defendant has violated their duty to patients. This can be evidence from hospitals and medical records.

Our lawyers are skilled at taking depositions that are effective for witnesses. They may be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately these standards aren't always met or even complied with. This breach could have devastating consequences.

A lawsuit may be filed against a medical professional if a patient is injured or dies due to the malpractice of that doctor. In order to have a valid claim, the patient must prove that there are four legal elements present: duty, breach of duty, causation and damages.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms in the medical profession and causes harm to patients. It is a subset of tort law that addresses civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from regular negligence in that the person who is injured must prove that the physician was aware that their actions could cause harm to prove malpractice, whereas normal negligence does not. For instance the surgeon who nicks a nerve or vein during surgery would be in the wrong of negligence, but not malpractice as the surgeon did not intend to cause harm.

In the case of medical negligence, the defendant's duty is to provide the patient with the standard of care that a qualified health professional with similar experience and training could provide in similar situations. The breach of this duty is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you have suffered due to a doctor's negligence. This can include both financial losses, including future medical costs, and non-economic damages such as discomfort and pain.

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

Some of these losses are evident like when your doctor made an error that resulted in an infection or other medical complications, and you needed additional treatment in the aftermath. Certain damages are more difficult to detect like when an expert misdiagnoses your illness and you are unable to receive the proper treatment.

If a doctor's error leads to your death then you can sue for the cause of death. In these cases you are entitled to everything you would have gotten in a survival case as well as punitive damages.

In many states, there are limitations on the amount you can recover in a malpractice case. The caps differ by state, and often apply to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

Like any lawsuit there are time frames that must be followed or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the occurrence of medical marlborough malpractice law firm (vimeo.com). The time frame varies by state.

The time period can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in court. This phase can last for weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and the statute of limitations is altered. In Pennsylvania patients are entitled to two years from the date 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 occurred. This can be a problem if the medical mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient may not realize the object until three years after the procedure. In this case, the statute of limitations might have started to begin running from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical perry malpractice lawyer cases. An expert witness for a plaintiff will discuss the doctor's obligation of care to the patient and the medical standards for the region and specialty for the type of doctor who has similar qualifications and abilities and the ways in which the defendant's actions were in violation of the standards. The expert will describe how the defendant's deviance directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standards of care. The experts may disagree but the fact-finder is the one who decides which expert is the most credible.

It is preferential for the expert to be working in the medical field as they are more knowledgeable about the current practices. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also recommended to use an expert witness who has expertise in the field of negligence. A medical professional with experience treating breast cancer, for example, can make an argument that is convincing regarding the reason for an injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to call for your case.

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