How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This could include hospital and medical records.

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

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, these standards are not always met or even violated. The results of this breach could be devastating.

A lawsuit can be filed against a medical professional if patients are injured or dies as a result of the negligence of the physician. In order to have a legitimate claim, the injured patient must prove that four legal elements exist in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the norms of practice accepted in the medical field, and causes injury to the patient. It is a section of tort law that deals with civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from regular negligence in that the person who is injured has to demonstrate that the doctor was aware, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to harm anyone.

In a lawsuit for medical malpractice the defendant is under the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would offer. The violation of this duty is an essential aspect since it shows that the alleged negligent behavior caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you sustained as a result of negligence by a doctor. These could include both financial loss, like the cost of future medical care as well as non-economic losses such as suffering and pain.

To be able to claim damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from the norm caused injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that resulted in an illness or other medical issue and you needed to seek additional treatment as a result. Other damage isn't as apparent, such as when your doctor misdiagnoses you, and you're unable to get the correct treatment.

You can sue wrongful death when a doctor's negligence caused your death. In these cases you're entitled to all the benefits you would have gotten in a lawsuit for survival as well as punitive damages.

In the majority of states, there are limits on the amount you can recover in a oakmont malpractice attorney case. The caps differ by state and typically apply to both economic and non-economic damages. Certain states have laws that limit the time you have to wait before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The timeframe for filing a lawsuit is different for each state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was silverton malpractice Lawsuit and whether the case will be heard in court. This can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania patients are entitled to two years from the date that they discovered the negligence. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is a problem when the malpractice doesn't immediately cause symptoms. Consider, for instance, that a doctor negligently left a foreign object in the body of the patient after surgery. The patient might not find the foreign object until at least three years after the surgery. In that situation the statute of limitations could have run from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, medical standards for physicians with similar qualifications in the area as well as the specific ways in which the defendant's conduct was different from those standards. The expert will explain how the deviance directly led to the injury suffered by the patient.

The defendant will employ an expert to counter the plaintiff's expert, and offer their professional opinion on whether the doctor was in compliance with the standards of care. Experts could differ, but the fact-finder decides which expert is the most credible.

It is best for the expert to be still working in the medical field because they are more knowledgeable about current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to have an expert with expertise in the field of malpractice. A medical professional who has prior experience treating breast cancer for instance, can present a an argument convincingly as to the reason for an injury. A medical woodbury malpractice attorney lawyer in Ocala will know which experts to ask.