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How to File a Medical Malpractice Lawsuit

The filing of a medical Butler malpractice Lawsuit lawsuit against a doctor or hospital requires evidence that the defendant violated his or her duty to patients. This evidence could be a medical and hospital records.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors or other medical professionals who are working in private practice or are employed 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. However, in a few instances these standards are not being met or even violated. This can cause devastating results.

When someone is injured or death because of a doctor’s malpractice, they may bring a lawsuit against the medical professional. In order to file a valid claim, the injured patient must demonstrate that four legal elements exist which include breach of duty, causation and damages.

Malpractice can be described as an act performed by a doctor that is outside the norms of the medical community and causes injury to the patient. It is a part of tort law, which is concerned with civil wrongs and not criminal offences or contractual duties.

Medical negligence is different from regular negligence because the victim must prove that the doctor was aware or ought to have known that their actions could cause harm to assert malpractice, however normal negligence doesn’t. For example a surgeon who accidentally cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice because the doctor didn’t intend to cause harm.

In a medical malpractice case the defendant has a legal obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with comparable experience and training in similar circumstances would offer. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

In a case of green bay malpractice lawyer damages are determined based on the losses you have suffered due to a physician’s negligence. This could include financial losses, like future medical costs, as well as non-economic damages such as pain and discomfort.

To recover damages, you must prove that the doctor violated the duty of care, that the physician’s deviation from the standard caused injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that resulted in an infection or other medical complications that required additional treatment because of it. Other damages are less readily evident, like when your doctor has misdiagnosed you and you are unable to get the correct treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. In these claims you’re legally entitled to all the compensation you would have gotten in a survival action in addition to punitive damages.

In most states, there are limits on what you can receive when you file a claim for malpractice. The caps differ by state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The exact time frame is determined by the state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in court. This stage can take months or even weeks.

Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. In Pennsylvania, a patient has two years from the date that they were aware of the error. This is called the discovery rule.

In other states, the statute of limitations begins at the time the malpractice occurred. This can be problematic if the medical prospect heights malpractice lawsuit does not cause any immediate symptoms. As an example, suppose the doctor is negligently leaving a foreign object inside the body following surgery. The patient may not realize the object until three years after the surgery. In this case the statute of limitations may have started running from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will discuss the doctor’s obligation of treating the patient with respect, the medical standards in the area and in the specialty of doctors with the same qualifications and experience and the ways that the defendant departed from those standards. The expert will also explain how the deviance directly led to the patient’s injury.

The defendant will employ a professional to counter the plaintiff’s expert, and provide their professional opinion on whether the doctor’s treatment was consistent with guidelines of care. The experts may disagree but the fact-finder will decide which expert is the most trustworthy.

It is best for the expert to continue working in the medical field since they are more informed about current practice. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testimony in court.

It is also better to choose an expert who specializes in the field of malpractice. A medical expert with had experience treating breast cancer for instance, can provide an argument that is convincing as to the cause of an injury. A medical malpractice attorney in Ocala will know the best experts to talk to.