How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant acted in breach of his or her obligation to patients. This evidence could be a medical and hospital documents.

Our attorneys have extensive experience in conducting effective depositions. These may be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, these standards are not always adhered to or even observed. The results of this breach can be devastating.

A lawsuit may be brought against a medical professional if an injured patient dies as a result of the negligence of that doctor. To prove a case, an injured patient must prove four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of medicine in the medical community and can cause injury to the patient. It is a subset of tort law, which deals with civil wrongs that aren't legal obligations or vimeo criminal offenses.

Medical negligence differs from regular negligence because the injured party must prove that the physician knew or should have known that their actions would cause harm to prove malpractice, whereas normal negligence is not required. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be found in the wrong of negligence, but not dardenne prairie malpractice attorney as the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant is under an obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances would offer. The violation of this duty is an essential aspect because it proves that the alleged negligent behavior caused the injury.

Damages

Damages in a malpractice case are determined by the losses you suffered as a result of a doctor's negligence. This could include financial losses, such as future medical costs, and non-economic damages, such as discomfort and pain.

To recover damages, you need to demonstrate that a doctor did not fulfill a duty and that his deviance from the standard of care led to injury, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or medical condition and you needed to seek additional treatment in the aftermath. Certain damages are more difficult to detect like when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

If your doctor's malpractice leads to your death, you can sue for the wrongful death. You can claim punitive damages in addition the compensation you'd receive in a survival suit.

In the majority of states, there are limits on the amount you can recover in a legal case. These caps differ from state to state and are usually applicable to both economic and other damages. Certain states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with all lawsuits there are time limits which must be adhered to or the case may be dismissed. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The deadline varies according to state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a mistake and if the case will be heard in the court. This process takes several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is frequently altered. For instance, in Pennsylvania patients must submit a claim within two years from the time they were aware of the malpractice, or when a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In some states the statutes of limitation begin to run from the date the malpractice occurred. This can be an issue if the error does not immediately trigger symptoms. For instance, suppose doctors mistakenly leave an object foreign to the body following surgery. The patient may not discover the foreign object until at least three years after surgery. In this instance, the statutes of limitations could have been at the time of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to present the facts of the case. The expert of the plaintiff will testify regarding the doctor's duty to the patient, medical standards for physicians who have similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to the standards. The expert will also explain how the deviance directly caused the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert, and offer their professional opinion as to whether the doctor met the standards of care. It is normal for experts to disagree with each and yet the fact finder determines who is the most reliable based on their expertise and experience.

It is advisable for the expert to continue working in the medical profession since they are more knowledgeable about current practices. Jurors and judges often consider practicing professionals more believable than experts whose sole source of income is testifying in court.

It is also recommended to hire an expert witness who has expertise in the field of fraud. For example a medical professional who is knowledgeable about treating breast cancer can make an argument more convincing regarding the cause of a plaintiff's injury. An experienced Ocala medical malpractice attorney will know which experts to consult for your case.