How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or hospital it is necessary to prove that the defendant has violated their obligation to patients. This can be evidence from hospitals and medical records.

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

Negligence

When a patient visits a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately they aren't always met or even complied with. The results of this breach could be devastating.

A lawsuit can be filed against a medical professional when a patient is injured or dies as a result of the negligence of the physician. To be able to file a valid lawsuit, an injured patient must establish four legal aspects which are breach of duty, duty, causation and damages.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community, and can cause injury to the patient. It is an aspect of tort law that deals with civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the victim must prove that the physician was aware that their actions could cause harm to assert malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in accordance with the standards of care a prudent health care professional of similar experience and training could provide in similar situations. The breach of duty is crucial since it establishes that the negligent act caused the injury.

Damages

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

In order to obtain damages, you need to show that a doctor has violated the duty of care, that his deviation from the standard of care caused injury, and the injury had quantifiable financial consequences. This is a complex legal analysis that usually 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 that required additional treatment as a result. Other damage isn't as obvious, for instance if your doctor firms misdiagnoses you, and you are unable to receive the proper treatment.

If your doctor's malpractice results in your death and you are unable to sue, you may be able to sue for the wrongful death. In these claims you're legally entitled to all the compensation you would have received in a survival lawsuit and punitive damages.

In a majority of states, there is a limit on what you can claim in a lawsuit for malpractice. These caps differ from state to state, and are typically applicable to both financial and other damages. Certain states have laws that limit the amount of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case could be barred. A malpractice lawsuit should generally be filed between two and six years after the incident occurred. The time limit differs by state.

The time frame can be complicated, so it is vital to speak with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be accepted in court. This stage takes several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is often altered. For example in Pennsylvania patients must submit a claim within two years from the time they realized the jamesburg malpractice lawyer or that a reasonable person would have known that the harm existed. This is known as the discovery rule.

In some states, the statutes of limitations begin to expire on the date on which the malpractice occurred. This could be problematic if the act doesn't immediately cause symptoms. Imagine, for example, that a doctor erroneously left a foreign body in the patient's body after surgery. The patient may not realize the object until three years after the surgery. In this instance the statute of limitations could have begun running from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify on the duty of the doctor towards the patient, medical guidelines for doctors who have similar qualifications in the same area and specialty and the ways the defendant deviated from the standard. The expert will explain how the defendant's departure directly caused the injury to the patient.

The defendant will engage a professional to counter the plaintiff’s expert, and hurstbourne malpractice Law Firm provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. The experts could disagree but the fact-finder is the one who decides which expert is most credible.

It is more beneficial for an expert to working in the medical field because they will have better knowledge of current practices. Jurors and judges tend to consider professionals who are practicing more credible than experts who rely only on court testimony.

It is also better to have an expert who has specialized in the field of Murfreesboro Malpractice Law Firm. A medical expert who has had experience treating breast cancer for instance, can present a a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know the best experts to speak with.