How to File a Medical Malpractice Lawsuit

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

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor, or health care professional. Unfortunately, in some cases these standards are not being met or even breached. This can lead to devastating consequences.

A lawsuit can be brought against a medical professional when a patient is injured or dies due to the malpractice of the doctor. To be able to file a valid lawsuit the patient who has been injured must prove four legal elements: duty, breach, damages and causation.

emeryville malpractice attorney can be described as an act performed by a doctor that is outside the accepted norms within the medical profession and causes injury to patients. It is a part of tort law that addresses civil wrongs but not criminal or contractual obligations.

Medical negligence is different from regular negligence in that the victim has to prove that the doctor was aware, or should have known that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For example the surgeon who cut a vein or nerve during surgery could be found considered negligent, but not malpractice because the doctor did not intend to cause harm.

In the case of medical negligence, the defendant's duty is to provide the patient with the standards of care that a reasonably qualified health professional with similar experience and training would provide in similar circumstances. The breach of this duty is a critical element because it demonstrates that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you sustained as a result of the negligence of a doctor. This could include financial losses, such as future medical costs, as well as non-economic damages such as pain and discomfort.

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

Certain of the losses can be observed immediately, for example, if a doctor's mistake resulted in an infection or other medical issue that required additional treatment. Other damages are less readily obvious, for instance if your doctor misdiagnoses you and you are unable to receive the right treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You can seek punitive damages in addition the compensation you'd receive in a survival lawsuit.

In most states, there is a limit on what you can claim in a malpractice case. The caps differ by state and usually apply to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing an action.

Time Limits

As with any lawsuit there are certain deadlines which must be adhered to or the case may be dismissed. A malpractice suit must typically be filed between two and six years after the incident occurred. The time frame varies by state.

The time limit can be complex and it is essential to consult a lawyer immediately. The law firm will investigate to determine if there was a mistake and if the case can be heard in court. This phase can last for weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is extended. For example in Pennsylvania patients must submit a claim within two years from the day they discovered the malpractice or the date a reasonable person could have realized that the injury existed. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is problematic if the act doesn't immediately cause symptoms. Imagine, for instance, that a doctor has negligently left a foreign body inside the body of the patient following surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In this situation the statute of limitations could have been beginning from the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Many medical union springs malpractice law Firm cases rely on experts to explain the details of the case. An expert witness for the plaintiff will be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the region and specialization for the type of doctor with the same qualifications and experience and the ways that the defendant deviated from the standards. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will engage an expert to counter the plaintiff's expert and give their professional opinion about whether the doctor met the standards of care. It is common for the experts to disagree with one with respect to their opinions, but the factfinder determines who is the most trustworthy on their knowledge and experience.

It is advisable for the expert to continue working in the medical field as they are more knowledgeable about the current practices. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also recommended to hire an expert witness who has expertise in the area of the negligence. A medical expert with expertise in treating breast cancer, for example, can make an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which experts to consult for your case.