How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This evidence could be a medical and hospital records.

Our lawyers are skilled at deposing witnesses in a professional manner. They could be doctors, other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. In some instances, these standards are not met or are even breached. This breach can have devastating consequences.

A lawsuit may be filed against a medical professional if the patient is injured or suffers a death due to the negligence of that doctor. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements present such as breach of duty, causation, and damages.

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

Medical negligence is different from regular negligence in that the person who is injured must prove that the physician was aware or ought to have known that their actions would cause harm to claim lorain malpractice attorney, but normal negligence is not required. For example, a surgeon who accidentally cuts a vein or nerve during surgery could be negligent, but not malpractice since the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant is bound by a legal obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar experience and training in similar circumstances would provide. The breach of this obligation is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you suffered 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 discomfort and pain.

To be able to claim damages, you must show that the doctor violated the duty of care, that the doctor's deviation from that standard resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of the losses can be observed immediately, for example when a mistake made by a doctor resulted in an infection or any other medical condition that required additional treatment. Some damages are more difficult to detect, such as when a doctor misdiagnoses your condition and you don't receive the correct treatment.

If your doctor's malpractice results in your death, you can sue for the cause of death. You can claim punitive damages in addition to the amount you'd receive in a survival lawsuit.

In most states, there are limitations on the amount you can recover in a legal case. The caps differ from state to state and are usually applicable to both economic and other damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with any lawsuit there are certain time limits that must be observed or the case will be dismissed. A malpractice lawsuit must generally be filed between two and six years following the time when the mishap occurred. The specific time limit differs by state.

The time period can be complex, and it is crucial to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was a mistake and if the case could stand up in court. This process can take weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitation is altered. In Pennsylvania the statute of limitations for medical youngsville malpractice Law Firm is two years from the date when they first discovered the negligence. This is referred to as the discovery rule.

In certain states the statutes of limitation begin to run on the date when the malpractice occurred. This can be problematic if the act does not immediately cause symptoms. Consider, for instance, 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 surgery. In this case the statute of limitations could have begun beginning from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards applicable to the area and in the specialty of that type of physician with the same qualifications and experience and the ways that the defendant deviated from the standards. The expert will discuss how the defendant's departure directly caused the injury to the patient.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor was able to provide the required care. The experts could disagree however the fact-finder determines which expert is the most reliable.

It is preferential for the expert to still be working in the medical field as they will have a greater understanding of current practice. Jurors and judges typically consider practicing professionals more believable than experts whose sole source of income is testifying in court.

It is also recommended to hire an expert with expertise in the field of malpractice. A medical professional who has had experience treating breast cancer for example, can make an argument convincingly as to the cause of an injury. A seasoned Ocala medical malpractice attorney will be aware of which expert witnesses to contact for your case.