Unexpected Business Strategies Helped Malpractice Case Succeed

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This evidence may include hospital and medical documents.

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

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately the standards aren't always adhered to or even observed. This can cause devastating consequences.

When someone is injured or death due to a doctor's negligence, they can sue the medical professional. To have a valid claim, the injured patient must prove that there are four legal elements present such as breach of duty, causation, and damages.

Malpractice is defined as an act or omission of a physician that deviates from the norms of practice accepted in the medical community and results in injury to the patient. It is a subset of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm to be able to claim malpractice, however normal negligence is not required. For instance, a surgeon who accidentally cuts a vein or nerve during surgery is guilty of negligence but not malpractice since the surgeon did not intend to cause harm.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with similar experience and education in similar circumstances would provide. The violation of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

Damages in a malpractice case are in relation to the losses you have suffered due to a doctor's negligence. This can include both financial loss, like the expense of medical treatment in the future as well as non-economic losses like pain and suffering.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of the law and that his deviance from the standard of care resulted in injuries, and the damage resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an illness or other medical issue and you needed to seek additional treatment in the aftermath. Certain damages are more difficult to identify, such as when doctors misdiagnose your condition and you do not receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You may be able to claim punitive damages in addition to the amount you'd receive in a survival suit.

In most states there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and are generally applicable to both economic and other damages. Certain states also have rules that limit the length of time you have to wait to file a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be thrown out. A malpractice lawsuit (mouse click the following web page) should generally be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuits lawsuit varies from state to state.

The time frame can be complicated and it is important to speak with an attorney right away. The law firm will investigate to determine if there were any mistakes and if the case can be heard in the court. This can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is changed. For example, in Pennsylvania a patient must file a claim within 2 years of the date they discovered the malpractice or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run from the date when the malpractice occurred. This is a problem if the medical malpractice does not cause any immediate symptoms. Imagine, for example, that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient may not be aware of the object until three years after the procedure. In this scenario the statute of limitations could have begun at the time of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the region and specialization for this type of doctor with the same qualifications and experience and the ways in which the defendant's actions were in violation of those standards. The expert will then describe how the departure directly led to 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. Experts may differ but the fact-finder is the one who decides which expert is most credible.

It is best for the expert to still be working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is the testifying in court.

It is also beneficial to have an expert witness who is skilled in the field of malpractice. A medical expert with experience treating breast cancer, for instance, can provide an argument convincingly as to the reason for an injury. A knowledgeable Ocala medical malpractice lawyer will be aware of the experts to consult for your case.