How to File a Medical Malpractice Lawsuit

To bring a medical bemidji malpractice attorney lawsuit against a hospital or doctor it is necessary to prove that the defendant has violated their duty to patients. This evidence could include hospital and medical documents.

Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately, in some instances these standards are not met, or even violated. This breach could have devastating results.

A lawsuit can be brought against a medical professional when a patient is injured or dies as a result of the negligence of that doctor. In order to file a valid claim, the patient must demonstrate that four legal elements exist such as breach of duty, causation and damages.

Portland Malpractice Law Firm is defined as the act or omission of a physician that deviates from the accepted norms of medicine in the medical field, and results in injury to the patient. It is an aspect of tort law that addresses civil wrongs that aren't legally binding or criminal in nature.

Medical negligence is distinct from normal negligence in that the party who suffers has to demonstrate that the doctor was aware, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with similar experience and education in similar circumstances could provide. The breach of this duty is an essential element since it proves that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a physician's negligence. This can include both financial losses, such as future medical bills, and non-economic losses like discomfort and pain.

In order to recover damages, you must prove that the doctor violated the duty of care, that the physician's deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that caused an infection or medical condition that required additional treatment due to the result. Some damage is more difficult to detect like when an expert misdiagnoses your illness and you don't receive the proper treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. In these claims you are entitled to everything you could have gotten in a lawsuit for survival and punitive damages.

In a majority of states, there is a limit on what you can receive in a malpractice case. These caps differ from state to state and are often applicable to both economic and other 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 specific deadlines which must be adhered to or the case may be dismissed. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

The time frame can be complicated, so it is vital to speak with an attorney right away. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be able to stand in the court. This stage takes weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example in Pennsylvania the patient has to submit a claim within two years of the date they discovered the malpractice or that a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This is a problem when the malpractice does not immediately trigger symptoms. Consider, for instance, that a doctor has negligently left a foreign body inside the body of the patient after surgery. The patient might not find the object until three years after the surgery. In this scenario the statute of limitations could have started at the time of the surgery, not the moment of discovery.

Expert Witnesses

A lot of medical raymore malpractice lawyer cases rely on experts to explain the details of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of taking care of the patient and the medical standards for the area and the specialization for the type of doctor with the same qualifications and experience and the ways that the defendant's actions were in violation of the standards. The expert will then describe how the departure directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor's actions met the requirements of medical care. Experts could differ, but the fact-finder decides which expert is the most credible.

It is better for the expert to be working in the medical field as they will have a better knowledge of current practices. Jurors and judges typically consider practicing professionals more believable than experts whose sole source of income is testimony in court.

It is also recommended to use an expert witness who is skilled in the area of the malpractice. For example an expert in medical practice who is proficient in treating breast cancer can make an argument more convincing regarding the cause of the plaintiff's injury. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to consult for your case.