How to File a Medical southern pines malpractice law firm Lawsuit

To bring a medical malpractice lawsuit against a hospital or doctor you must establish that the defendant has breached their duty towards patients. This evidence could include hospital and medical documents.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. Unfortunately, in some cases these standards are not met, or even breached. The consequences of this breach can be devastating.

A lawsuit can be brought against a medical professional when a patient is injured or suffers a death due to the negligence of the doctor. To have a valid case the patient who has been injured must establish four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission of the physician that goes against the norms of practice accepted in the medical community and results in injury to the patient. It is a subset of tort law, which deals with civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is distinct from normal negligence in that the person who is injured has to demonstrate 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 does not. 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 harm anyone.

In a lawsuit for medical malpractice the defendant has the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar circumstances would offer. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered caused by a doctor's negligence. This can include both financial losses, including future medical bills, and non-economic damages, such as pain and discomfort.

To be able to claim damages, it is essential to show that a doctor has violated the duty of care or obligation, and that his lapse from the standard of care resulted in injury, and that the injury caused financial harm that was quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or medical condition and you required further treatment in the aftermath. Certain damages are more difficult to identify like when doctors misdiagnose your condition and you cannot get the proper treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these claims, you are legally entitled to all the compensation you could have gotten in a survival action in addition to punitive damages.

In most states, there is a limit on what you can receive in a lawsuit for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case could be barred. A malpractice lawsuit must generally be filed between two and six years after the incident occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time period can be complicated and it is important to consult a lawyer right away. The law firm will investigate to determine if there was any malpractice and if the case can stand up in court. This stage can take weeks or even months.

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

In certain states the statutes of limitations begin to run on the date on which the malpractice occurred. This could be problematic if the act does not immediately cause symptoms. Imagine, for example, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient might not find the foreign object until at least three years after the surgery. In that case, the statute of limitations could have begun to run from the date of the procedure instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify about the doctor's duty to the patient, medical standards for doctors who have similar qualifications in the area and specialty and the ways in which the defendant's conduct was different from the standards. The expert will discuss the way in which the defendant's actions directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff's expert and give their professional opinion about whether the doctor met the standard of care. The experts may disagree, but the fact-finder decides which expert is most trustworthy.

It is best for the expert to be working in the medical field, as they will have a more knowledge of the current practice. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also preferable to get an expert witness that is specialized in the area of the fraud. A medical professional who has expertise in treating breast cancer, for instance, can provide an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will be aware of which expert witnesses to call for your case.