How to File a Medical Malpractice Lawsuit

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

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

Negligence

When a patient sees a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even violated. The consequences of this breach could be devastating.

A lawsuit can be brought against a medical professional when a patient is injured or dies due to the sanford malpractice attorney of the doctor. To be able to file a valid lawsuit the patient who has been injured must establish four legal elements which are breach of duty, duty, damages and causation.

Malpractice is described as an act performed by the doctor that is against the accepted norms of the medical profession and causes harm to a patient. It is an aspect of tort law, which deals with civil wrongs that aren't legally binding or criminal in nature.

Medical negligence is distinct from regular negligence because the victim must show that the doctor knew or should have known that their actions would cause harm to assert malpractice, however normal negligence is not required. For instance the surgeon who cut a vein or nerve during surgery is considered negligent, but not malpractice as the doctor did not intend to cause harm.

In a case of medical malpractice, the defendant has a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances would offer. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you sustained as a result of a doctor's negligence. They can be a combination of financial loss, such as the cost of future medical care and non-economic losses, like suffering and pain.

To claim damages, you must prove that the doctor did not fulfill the duty of care, that the physician's deviation from the norm resulted in injury, and the injury was measurable in terms of financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment as a result. Other losses are not as evident, like when your doctor misdiagnoses you, and you are not able to receive the appropriate treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the amount you would receive in a survival suit.

In a majority of states, there is a limit on the amount you can be awarded in a malpractice case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time it takes to bring a lawsuit.

Time Limits

As with any lawsuit, there are specific deadlines that must be observed or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical Webster Malpractice Lawyer that occurred. The time limit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could be found to be valid in court. This process takes weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is frequently altered. In Pennsylvania the patient is entitled to two years from the date that they realized the malpractice. This is known as the discovery rule.

In some states, the statutes of limitations begin to run on the date on which the medical error occurred. This could be a problem if the medical error does not cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In this case the statute of limitation could have expire from the date the procedure instead of the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify about doctors' obligations to the patient, medical requirements for doctors who have similar qualifications in the same area and specialization, and the ways in which the defendant's conduct was different from the standards. The expert will explain how the deviation directly contributed to the injury suffered by the patient.

The defendant will engage a professional to counter the plaintiff's expert, and give their professional opinion as to whether the doctor's actions met the guidelines of care. Experts may differ but the fact-finder will decide which expert is most trustworthy.

It is better for an expert to 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 sole source of income is testifying in court.

It is also advisable to work with an expert who is specialized in the field of malpractice. For example a medical professional who is well versed in treating breast cancer can provide an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice attorney in Ocala will know the best experts to talk to.