How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This could include hospital and medical documents.

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

Negligence

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

If someone suffers injury or death because of a doctor's negligence, they can file a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must prove four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medical practice within the medical profession, and inflicts harm on the patient. It is a section of tort law that covers civil violations and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence doesn't. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor didn't intend to harm anyone.

In a lawsuit for medical malpractice the defendant is under a legal obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with the same experience and education in similar circumstances would offer. The breach of duty is important since it establishes that the negligent act caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a physician's negligence. This could include financial losses, such as future medical costs, as well as non-economic damages, such as discomfort and pain.

To recover damages, it is necessary to demonstrate that a doctor did not fulfill a duty and that his violation of the standard of care resulted in injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for example, if a doctor's mistake led to an infection, or other medical issue that required additional treatment. Certain damages are more difficult to identify for instance, when doctors misdiagnose your condition and you do not receive the proper treatment.

If a doctor's error results in your death and you are unable to sue, you may be able to sue for the wrongful death. You can seek punitive damages in addition the compensation you would receive in a survival lawsuit.

In most states, there is a limit to the amount you can get in a lawsuit for malpractice. The caps differ from state to state and are often applicable to both economic and other damages. Certain states have laws that limit how long you can delay before filing a lawsuit.

Time Limits

Like any lawsuit, there are specific time frames that must be followed or the case may be dismissed. Generally speaking, a medical falcon heights malpractice lawsuit lawsuit must be filed within two to six years from the medical malpractice arising. The timeframe for filing a malpractice lawsuit is different for each state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and if the case can stand up in the court. This phase can last for weeks or months.

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

In other states, the statute of limitations starts to run from the date the malpractice occurred. This could be an issue if the error is not immediately causing symptoms. For example, suppose the doctor is negligently leaving a foreign object inside the body following surgery. The patient might not discover the object until three years after the surgery. In that scenario, the statute of limitations could have begun to run from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify on the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field and specialization, and the ways in which the defendant departed from the standards. The expert will explain how the departure directly caused the injury suffered by the patient.

The defendant will hire a professional to counter the plaintiff's expert and offer their professional opinion regarding whether the doctor's actions met the standards of care. Experts may differ but the fact-finder is the one who decides which expert is the most credible.

It is best that the expert continue to be working in the medical field, because they'll have better understanding of current practices. Jurors and judges typically find practicing professionals more credible than experts whose only source of income is testifying in court.

It is also preferable to get an expert witness who is skilled in the field of malpractice. A medical professional who has experience treating breast cancer, for instance, can provide an argument that is convincing as to the reason for an injury. An experienced Ocala medical Channahon malpractice Law firm attorney will know which expert witnesses to consult for your case.