How to File a Medical Malpractice Lawsuit

In bringing a medical irving malpractice lawsuit suit against a hospital or doctor requires proof that the defendant violated his or her obligation to patients. This evidence could include hospital and medical documents.

Our lawyers are adept at conducting effective depositions of witnesses. They could be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not met or are even violated. This can lead to devastating consequences.

When someone suffers injury or death because of a doctor's malpractice, they may pursue a lawsuit against the medical professional. To establish a case the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is described as an act performed by doctors that goes against the accepted norms within the medical profession and results in harm to the patient. It is a part of tort law, which addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from normal negligence in that the party who suffers must prove that the doctor knew, or ought to have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For example a surgeon who accidentally creates a cut on a vein or nerve during surgery is guilty of negligence but not malpractice since the doctor was not aiming to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient according with the standard of care that a reasonably knowledgeable health professional with similar experience and training would provide in similar circumstances. The breach of this duty is a crucial element since it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered due to a doctor's negligence. These can include both actual financial loss, like the cost of future medical expenses and non-economic losses, like suffering and pain.

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

Certain of these losses can be seen immediately, for example when a mistake made by a doctor led to an infection, or other medical complications that required additional treatment. Other losses are not as apparent, such as when your doctor misdiagnoses you, and you aren't able to receive the proper treatment.

If a doctor's error results in your death then you can sue for wrongful death. You can seek punitive damages in addition to the compensation you would receive in a survival suit.

In a majority of states, there is a limit on what you can claim in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states also have rules that limit the length of time you have to wait to file a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to, or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six years of the occurrence of medical Palmview Malpractice Lawsuit. The timeframe for filing a lawsuit is determined by the state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will stand up in court. This stage can take several weeks or even months.

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

In other states, the statute of limitations begins at the time the malpractice occurred. This is problematic if the medical mistake does not trigger any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign object in the body of the patient after surgery. The patient may not be aware of the object until three years after the surgery. In that situation the statute of limitation could have start running from the date of the procedure, not the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. A plaintiff's expert will testify on doctors' obligations to the patient, the medical requirements for doctors with similar qualifications in their area and specialty and the ways the defendant deviated from the standard. The expert will also explain why the defendant's omission directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor met the standards of care. Experts may differ, but the fact-finder decides which expert is most reliable.

It is better that the expert continue to working in the medical field because they'll have greater understanding of current practice. Jurors and judges tend to find practicing professionals more credible than experts who solely rely on the testimony of a court.

It is also recommended to hire an expert witness that is specialized in the area of the fraud. For example a medical professional who is well versed in treating breast cancer could make a an even more convincing case for the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know what experts to speak with.