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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or hospital you must prove that the defendant has breached their duty towards patients. This could include hospital and medical documents.

Our attorneys have extensive experience in taking effective depositions. They could be doctors or other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

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

When someone is injured or death as a result of a physician’s negligence, they could sue the medical professional. In order to file a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

florham park malpractice lawsuit is defined as an act or omission committed by the physician that goes against the accepted norms of medical practice in the medical community, and results in injury to the patient. It is a section of tort law that addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the victim must show that the doctor was aware or ought to have known that their actions could cause harm in order to claim malpractice, but normal negligence is not required. For example, a surgeon who accidentally creates a cut on a vein or nerve during surgery is in the wrong of negligence, but not malpractice because the doctor did not intend to cause harm.

In the case of medical negligence the defendant’s obligation is to provide the patient with the standards of care that a qualified health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is an essential aspect because it proves that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are dependent on the losses you suffered due to the negligence of a doctor. This can include both financial losses, such as future medical costs, and non-economic damages like discomfort and pain.

To recover damages, it is essential to demonstrate that a doctor did not fulfill the law or obligation, and that his lapse from the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for example, if a doctor’s mistake resulted in an infection or any other medical condition that required further treatment. Some damages are more difficult to detect for instance, when an expert misdiagnoses your illness and you do not receive the proper treatment.

You can sue for wrongful death in the event that your doctor’s negligence results in your death. In these claims you are entitled to all the benefits you would have gotten in a survival lawsuit as well as punitive damages.

In a majority of states, there is a limit to the amount you can get in a malpractice claim. These caps vary state-to-state and typically apply to both economic and non-economic damages. Certain states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

As with all lawsuits there are certain deadlines that must be observed or the case may be dismissed. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The time limit differs by state.

The time frame can be complex and it is essential to consult a lawyer immediately. The law firm will investigate to determine if there was any malpractice and if the case can be heard in the court. This process can take several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is altered. For example in Pennsylvania patients must make a claim within two years from the day they realized the malpractice or the date a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In certain states the statutes of limitations start to run on the date when the medical error occurred. This can be problematic if the medical mistake does not trigger any immediate symptoms. For instance, suppose the doctor is negligently leaving an object that is foreign in the body following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In that case the statute of limitations could have begin running from the date of the procedure instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. A plaintiff’s expert will testify about the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the same area and specialty and the ways in which the defendant departed from the standards. The expert will then explain how the departure directly led to the injury suffered by the patient.

The defendant will contract an expert to challenge the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor was in compliance with the requirements of medical care. It is common for experts to disagree with one and yet the factfinder decides who is the most reliable based on their experience and education.

It is preferential for the expert to be still working in the medical profession since they are more knowledgeable about the current practices. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also recommended to work with an expert who specializes in the area of presidio malpractice Attorney. For instance, a medical expert who is knowledgeable about treating breast cancer can provide an argument that is more convincing about the cause of a plaintiff’s injury. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.