Five Things You've Never Learned About Malpractice Case

How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant has violated his or her obligation to patients. This could include medical and hospital documents.

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

Negligence

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

When someone suffers injury or death as a result of a doctor's negligence, they could file a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must prove four legal elements including breach of duty and causation and damages.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of medical practice within the medical profession, and results in injury to the patient. It is a part of tort law, which covers civil violations not criminal offenses or contractual duties.

Medical negligence is different from normal negligence in that the injured party has to demonstrate that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery could be guilty of negligence but not malpractice as the surgeon did not intend to cause harm.

In a lawsuit for medical malpractice the defendant is bound by a legal obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar knowledge and experience in similar situations would provide. The violation of this duty is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you have suffered due to a doctor's negligence. This could include financial losses, such as future medical costs, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you must prove that the doctor did not fulfill a duty of care, that the physician's deviation from the standard of care resulted in injury, and the injury caused quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses can be identified immediately, for vimeo instance, if a doctor's mistake resulted in an infection or other medical issues that required additional treatment. Other damages are less readily obvious, for instance if your doctor misdiagnoses you and you are unable to get the correct treatment.

You can sue wrongful death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the compensation you would receive in a case of survival.

In many states, there is a limit on what you can claim in a malpractice claim. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that limit how long you can wait to file a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be followed or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The time limit differs by state.

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

Medical malpractice cases are governed by different laws than other types of cases, and vimeo the statute of limitations is extended. For instance in Pennsylvania the patient has to file a claim within 2 years from the date they discovered the malpractice or that a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is an issue if the error does not immediately cause symptoms. Imagine, for instance, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient may not discover the foreign object until three or more years after the surgery. In this situation the statute of limitations could have begun in the year following the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert will testify about the duty of the doctor to the patient, the medical guidelines for doctors with similar qualifications in the area as well as the specific ways the defendant deviated from those standards. The expert will also explain the way in which the defendant's actions directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor was able to provide the required care. Experts could differ however the fact-finder determines which expert is the most credible.

It is best for an expert to be working in the medical field as they will have a greater understanding of current practice. Jurors and judges typically consider practicing professionals more believable than experts whose only source of income is a testimony in court.

It is also advisable to hire an expert who is specialized in the area of lawrence malpractice attorney. A medical professional who has had experience treating breast cancer for instance, can provide a convincing argument as to the reason for an injury. A medical malpractice attorney in Ocala will know what experts to speak with.