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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant violated his or her duty to patients. This can be evidence from hospitals and medical records.

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

Negligence

When a patient goes to a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately they aren't always adhered to or even observed. This breach could have devastating consequences.

A lawsuit can be brought against a medical professional if an injured patient suffers a death due to the negligence of the physician. To establish a case, the person who was injured must establish four legal aspects which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission by a physician that deviates from the accepted norms of medicine in the medical community and causes injury to the patient. It is a section of tort law that addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence differs from regular negligence in that the person who is injured must demonstrate that the doctor was aware, or ought to have known, that their actions were going to cause harm before they are able to claim woodbury malpractice law firm. Normal negligence does not. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not negligence. This is because the doctor didn't intend to cause harm to anyone.

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances would provide. The breach of duty is significant because it demonstrates that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, like future medical costs, as well as non-economic damages, such as discomfort and pain.

In order to recover damages, you need to prove that a doctor violated the duty of care and that his violation of the standard of care caused injuries, and that the injury resulted in financial losses that are quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified quickly, for example, if a doctor's mistake led to an infection, or any other medical condition that require additional treatment. Some damage is more difficult to see, such as when an expert misdiagnoses your illness and you do not receive the proper treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. You can claim punitive damages in addition the compensation you would receive in a case of survival.

In most states, there are restrictions on what you can claim when you file a claim for malpractice. The caps differ by state and usually apply to both economic and non-economic damages. Some states have laws that limit the amount of time you can delay before filing an action.

Time Limits

Like any lawsuit there are certain deadlines to be adhered to or the case will be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The time limit differs by 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 was a malpractice was committed and if it could be accepted in court. This stage takes weeks or months.

Medical malpractice cases are subject to different laws, and the statute of limitation is often modified. For instance, in Pennsylvania the patient must make a claim within two years from the date they were aware of the malpractice, or the date a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the cocoa malpractice lawsuit occurred. This is a problem if the medical mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient might not discover the object until three years after the procedure. In that case the statute of limitations could have begun to expire from the date the surgery instead of the discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient, the medical standards in the area and in the specialty of doctors with similar qualifications and skills and the ways that the defendant violated those standards. The expert will then describe how the deviance directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether or not the doctor met the standards of care. It is common for the experts to disagree with one other, but the fact finder decides who is the most reliable based on their experience and education.

It is best for the expert to remain working in the medical profession since they are more informed about current practice. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also preferable to have an expert witness who specializes in the area of the fraud. A medical expert with prior experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to refer your case.