How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a physician or hospital, you must have evidence that the defendant has violated their duty towards patients. This evidence could include hospital and medical records.

Our lawyers have years of experience in taking effective depositions. They may be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health professional. Unfortunately they aren't always met or even violated. This breach can have devastating consequences.

When someone is injured or death as a result of a doctor's negligence, they could file a lawsuit against the medical professional. To establish a case the patient who has been injured must prove four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is a subset of tort law, which deals with civil wrongs that are not contractual duties or criminal offenses.

Medical negligence differs from regular negligence because the victim must prove that the physician was aware or ought to have known that their actions could cause harm to be able to claim Philadelphia malpractice attorney, however normal negligence is not required. For instance a surgeon who accidentally cut a vein or nerve during surgery is in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a medical malpractice case the defendant is under an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances could provide. The breach of duty is crucial since it establishes that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered due to a physician's negligence. This could include financial losses, such as future medical bills, and non-economic damages like discomfort and pain.

In order to recover damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from the standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that resulted in an infection or other medical problem, and you needed additional treatment in the aftermath. Certain damages are more difficult to spot, such as when a doctor misdiagnoses your condition and you don't receive the proper treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. In these cases, you are entitled to everything you would have received in a survival case and punitive damages.

In many states, there is a limit on what you can receive when you file a claim for malpractice. The caps differ by state and typically apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to make a claim.

Time Limits

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

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if pinckneyville malpractice attorney has occurred and if it will be found to be valid in court. This phase can last for weeks or months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. For example, in Pennsylvania the patient has to file a claim within two years of the date they realized the malpractice or the date a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is an issue when the mistake doesn't immediately cause symptoms. Imagine, for instance that a doctor has negligently left a foreign body inside the body of a patient following surgery. The patient may not be aware of the object until three years after the surgery. In this situation, the statutes of limitations could have started running from the date of the surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, the medical guidelines for doctors who have similar qualifications in the area as well as the specific ways the defendant deviated from the standard. The expert will also explain how the defendant's departure directly caused the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert and give their professional opinion on whether the doctor was able to provide the required care. Experts may differ, but the fact-finder decides which expert is most credible.

It is preferential that the expert continue to be working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges typically find practicing professionals more credible than experts who rely solely on the testimony of a court.

It is also recommended to have an expert witness who is skilled in the area of the fraud. A medical expert with expertise in treating breast cancer, for instance, can provide an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala knows which expert witnesses to consult.