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How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or hospital it is necessary to prove that the defendant has violated their duty towards patients. This evidence could include medical and hospital records.

Our attorneys have a wealth of experience in conducting effective depositions. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately they aren’t always met or even violated. The results of this breach could be devastating.

A lawsuit may be brought against a medical professional when an injured patient dies due to the malpractice of the doctor. To have a valid case, an injured patient must demonstrate four legal elements: duty, breach, damages and causation.

Malpractice is defined as the act or omission of medical professionals that is contrary to the norms of practice accepted in the medical community and can cause injury to the patient. It is a component of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the injured party must demonstrate that the doctor was aware, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn’t. For instance the surgeon who nicks a nerve or vein during surgery could be negligent, but not malpractice as the surgeon did not intend to cause harm.

In an instance of medical malpractice, the defendant’s duty is to treat the patient in line with the standards of care that a knowledgeable health professional with similar experience and education could provide in similar situations. The breach of duty is important since it establishes that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you’ve suffered as a result a doctor’s negligence. These could include both financial loss, such as the costs of future medical treatment as well as non-economic losses such as suffering and pain.

To claim damages, you must show that the doctor breached the duty of care, that the physician’s deviation from the norm resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or Vimeo.com other medical problem, and you needed additional treatment due to the result. Some damage is more difficult to identify in the event that doctors misdiagnose your condition and you cannot get the proper treatment.

You may sue for wrongful deaths if your doctor’s negligence causes your death. In these cases you’re legally entitled to all the compensation you would have gotten in a survival action as well as punitive damages.

In the majority of states, there are limits on the amount you can recover in a legal case. The caps differ by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict the time it takes to file a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The specific time limit is determined by the state.

It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was a mistake and whether the case will stand up in the court. This stage can take months or even weeks.

Medical malpractice cases are governed by different laws than other types of cases and the statute of limitations is changed. For instance in Pennsylvania the patient has to submit a claim within two years from the time they realized the malpractice or when a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice occurred. This could be an issue if the error does not immediately cause symptoms. Consider, for instance, that a doctor negligently left a foreign body in the body of a patient following surgery. The patient might not find the foreign object until at least three years after the surgery. In that case the statute of limitation might have started to expire from the date the procedure instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor’s duty of taking care of the patient and the medical standards applicable to the area and the specialization for that type of physician who has similar qualifications and abilities and the ways that the defendant’s actions were in violation of those standards. The expert will also explain how the deviance directly led to the patient’s injury.

The defendant will employ an expert to challenge the plaintiff’s expert and offer their professional opinion on whether or not the doctor was able to provide the required care. It is normal for experts to differ with each with respect to their opinions, but the factfinder decides who is the most trustworthy on their knowledge and experience.

It is preferential for the expert to be working in the medical field as they are more knowledgeable about current practices. Judges and jurors tend to consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to hire an expert who is specialized in the field of malpractice. For example an expert in medical practice who is experienced in treating breast cancer can provide an even more convincing case for the reason for an injury suffered by a plaintiff. An experienced Ocala medical desert hot springs malpractice lawsuit attorney will know which experts to contact for your case.