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How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a hospital or doctor, you must have evidence that the defendant has breached their duty to patients. This evidence could be a medical and hospital records.

Our attorneys are experienced 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

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, these standards are not always adhered to or even observed. This can cause devastating results.

If someone suffers injury or death as a result of a physician’s negligence, they could bring a lawsuit against the medical professional. To have a valid case the injured person must demonstrate four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act or omission committed by a physician that deviates from the accepted norms of medical practice within the medical profession, and results in injury to the patient. It is a subset of tort law which covers civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence differs from normal negligence because the injured party must prove that the doctor knew or should have known that their actions would cause harm in order to be able to claim lindon malpractice lawsuit, however normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to cause harm to anyone.

In a medical malpractice case the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable experience and education in similar circumstances would offer. The breach of duty is crucial because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses caused by a doctor’s negligence. This can include both financial losses, like future medical costs, and non-economic damages such as discomfort and pain.

To recover damages, you have to prove that the doctor did not fulfill the duty of care, that the doctor’s deviation from the standard of care caused injury, and the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be seen immediately, for instance an error by a doctor led to an infection, or other medical complications that required further treatment. Certain damages are more difficult to detect, such as when the doctor is unable to diagnose your condition and you don’t receive the correct 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 the compensation you would receive in a survival suit.

In the majority of states, there are limitations on the amount you can be awarded in a malpractice case. These caps vary from state to state and are generally applicable to both economic and other damages. Some states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The deadline for filing a malpractice lawsuit varies from state to state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be found to be valid in the court. This process can take weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. In Pennsylvania the patient is entitled to two years from the time that they realized the error. This is called the discovery rule.

In some states, the statutes of limitations begin to run on the date that the malpractice occurred. This can be an issue when the mistake does not immediately trigger symptoms. For instance, suppose doctors mistakenly leave an object that is foreign in the body following surgery. The patient might not find the object until three years after the surgery. In that situation, the statute of limitations could have run from the date of the procedure, not the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. The expert of the plaintiff will testify on doctors’ obligations to the patient, medical requirements for doctors who have similar qualifications in their area and field, and the ways the defendant deviated from the standard. The expert will also explain how the deviance directly caused the patient’s injury.

The defendant will engage an expert to challenge the plaintiff’s expert and provide their professional opinion as to whether the doctor was able to provide the required care. It is common for the experts to disagree with one other, but the fact finder decides who is most credible based on their education and experience.

It is best for the expert to continue working in the medical field as they are more informed about current practice. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also recommended to have an expert witness who specializes in the area of the fraud. For example, a medical expert who is well versed in treating breast cancer could make a an argument more convincing regarding the cause of a plaintiff’s injury. A medical Snellville malpractice attorney attorney in Ocala will know which experts to speak with.