Write About Everything

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her duty to patients. This can be evidence from hospitals and medical documents.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately, in some cases these standards are not being met or even breached. The consequences of this breach could be devastating.

A lawsuit may be brought against a medical professional if patients are injured or suffers a death due to the negligence of the doctor. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements exist which include breach of duty, causation, and damages.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community, and inflicts harm on the patient. It is a component of tort law, which is concerned with civil wrongs and not criminal offences or contractual obligations.

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 claim ketchikan malpractice attorney, but normal negligence does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to hurt anyone.

In a medical malpractice lawsuit the defendant is under a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with the same experience and education in similar circumstances would offer. The breach of duty is crucial since it establishes that the negligent act caused the injury.

Damages

In a case of la palma malpractice lawsuit damages are calculated based upon your losses caused by a doctor’s negligence. They can be a combination of financial loss, like the costs of future medical treatment and non-economic losses, like pain and suffering.

In order to recover damages, it is essential to show that a doctor has violated an obligation and that his deviance from the standard of care caused injuries, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for example an error by a doctor resulted in an infection or other medical issue that require additional treatment. Other damages aren’t as apparent, such as when your doctor misdiagnoses you, and you’re unable to receive the right treatment.

If a medical professional’s negligence results in your death and you are unable to sue, you may be able to sue for the wrongful death. In these claims you are entitled to everything you would have received in a survival case and punitive damages.

In most states, there are limits to the amount you can recover in a legal case. These limits vary from state to state, and often apply to both economic and non-economic damages. Some states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames which must be adhered to or the case may be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The time frame varies by state.

The time limit is complicated, so it is vital to consult with an attorney immediately. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be found to be valid in court. This can take weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. In Pennsylvania, a patient has two years from the date that they discovered the error. This is called the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the error is not immediately causing symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of the patient after surgery. The patient might not find the object until three years after the procedure. In this scenario, the statutes of limitations could have started beginning from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. Expert witnesses for plaintiffs 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 specialty for doctors with the same qualifications and experience and the ways in which the defendant violated the standards. The expert will also explain how the defendant’s deviance directly caused the patient’s injury.

The defendant will employ an expert to challenge the plaintiff’s expert and offer their professional opinion about whether the doctor was able to provide the required care. It is not uncommon for experts to disagree with each however the fact finder decides who is the most reliable based on their education and experience.

It is preferential for the expert to continue working in the medical profession since they are more knowledgeable about current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also recommended to hire an expert who is specialized in the field of malpractice. A medical professional with experience treating breast cancer, for instance, can present a an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to talk to.