How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor malpractice or hospital must prove that the defendant has violated his or her obligation to patients. This evidence could include hospital and medical records.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately, these standards are not always adhered to or even observed. The consequences of this breach can be devastating.

When someone suffers injury or death as a result of a physician's malpractice, they may pursue a lawsuit against the medical professional. To establish a case the injured person must establish four legal aspects which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission committed by 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 subset of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the victim has to 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 is not a requirement. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to cause harm to anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standards of care that a reasonably competent health professional with similar experience and qualifications would offer in similar circumstances. The breach of duty is important because it proves that the negligent act caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses due to a doctor's negligence. These can include both actual financial loss such as the cost of future medical care, and non-economic losses like suffering and pain.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of a duty, that his deviation from the standard of care caused injury, and that the injury resulted in financial losses that are quantifiable. 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 illness or other medical issue that required additional treatment because of it. Some damages are more difficult to detect like when an expert misdiagnoses your illness and you don't receive the proper treatment.

If a medical professional's negligence causes your death and you are unable to sue, you may be able to sue for the cause of death. In these cases you are entitled to the same amount you would have gotten in a survival case as well as punitive damages.

In many states, there are limits on what you can receive when you file a claim for malpractice. These limits vary from state to state, and often apply to both economic and malpractice law firm non-economic damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with any lawsuit, there are specific deadlines that must be followed or the case will be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The deadline for filing a charles town malpractice lawyer lawsuit varies from state to state.

It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was any malpractice and if the case could be heard in the court. This phase can last for weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. In Pennsylvania patients are entitled to two years from the time that they realized the Duluth Malpractice Attorney (Vimeo.Com). This is known as the discovery rule.

In certain states, the statutes of limitations begin to run on the date when the medical error occurred. This is an issue if the error doesn't immediately cause symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not realize the foreign object until three or more years after the surgery. In this situation, the statutes of limitations may have started beginning from the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding doctors' obligations to the patient, the medical standards for physicians with similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to those standards. The expert will then describe how the departure directly led to the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and then provide their professional opinion regarding whether the doctor's treatment was consistent with standards of care. Experts may differ but the fact-finder is the one who decides which expert is most credible.

It is best for the expert to working in the medical field because they will have better understanding of current practices. Judges and jurors often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.

It is also recommended to have an expert who has specialized in the field of malpractice. A medical expert who has expertise in treating breast cancer, for instance, could present a an argument that is convincing regarding the reason for an injury. A knowledgeable Ocala medical malpractice attorney will know which expert witnesses to consult for your case.