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How to File a Medical Malpractice Lawsuit

The filing of a medical colby malpractice law firm lawsuit against a doctor or hospital requires proof that the defendant breached his or her duty to patients. This evidence could be a hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals 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 hospital, doctor or health professional. Unfortunately, these standards are not always met, or even violated. The consequences of this breach can be devastating.

When someone is injured or death due to a doctor’s negligence, they can sue the medical professional. To be able to file a valid lawsuit, an injured patient must establish four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of practice in the medical field, and results in injury to the patient. It is a section of tort law, which is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence differs from normal negligence in that the party who suffers has to prove 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 is not a requirement. 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 harm anyone.

In a medical la marque malpractice law firm case the defendant has a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with similar experience and training in similar circumstances could provide. The breach of this duty is a crucial element since it proves that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered as a result a doctor’s negligence. They can be a combination of financial loss, like the cost of future medical care, and non-economic losses such as suffering and pain.

To be able to claim damages, you have to prove that the doctor violated a duty of care, that the doctor’s deviation from the standard of care resulted in injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of the losses can be observed immediately, for example, if a doctor’s mistake resulted in an infection or other medical issues that require additional treatment. Some damages are more difficult to detect in the event that a doctor misdiagnoses your condition and you don’t receive the right treatment.

If the negligence of your doctor results in your death and you are unable to sue, you may be able to sue for wrongful death. In these claims, you are entitled to everything you would have gotten in a survival case, plus punitive damages.

In most states there are limits on 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 how long you can delay before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be observed or the case could be dismissed. A malpractice lawsuit must generally be filed between two and six years after the incident occurred. The deadline varies according to state.

The time limit can be complicated, so it is vital to consult an attorney right away. The law firm will conduct an investigation to determine if there was malpractice and if the case could stand up in court. This process takes weeks or months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitation is modified. For example, in Pennsylvania patients must file a claim within two years from the date they were aware of the malpractice, or that a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This could be an issue when the mistake does not immediately trigger 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 be aware of the foreign object until three or more years after the surgery. In this scenario the statute of limitations could have started at the time of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. Expert witnesses for plaintiffs will be able to testify about the doctor’s duty of care to the patient as well as the standards of medical care in the area and the specialization for this type of doctor who has similar qualifications and abilities and the manner in which the defendant departed from those standards. The expert will discuss how the defendant’s deviance directly impacted the patient’s injuries.

The defendant will hire an expert to challenge the plaintiff’s expert and offer their professional opinion as to whether the doctor’s treatment was consistent with standards of care. It is common for the experts to disagree with one with respect to their opinions, but the factfinder decides who is most credible based on their expertise and experience.

It is recommended for the expert to be still working in the medical field since they are more knowledgeable about current practice. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also beneficial to get an expert witness who is skilled in the area of the legal malpractice. For example a medical professional who is proficient in treating breast cancer can provide an argument more convincing regarding the reason for the plaintiff’s injury. A knowledgeable Ocala medical palmhurst malpractice Lawyer attorney will be aware of which expert witnesses to consult for your case.