The History Of Malpractice Case

How to File a Medical Malpractice Lawsuit

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

Our lawyers are skilled at conducting effective depositions of witnesses. They may be doctors, other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

When a patient visits a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some instances these standards are not met, or even violated. This can lead to devastating results.

When someone suffers injury or death as a result of a doctor's malpractice, they may sue the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements present such as breach of duty, causation, and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medical practice in the medical community, and causes injury to the patient. It is a part of tort law that covers civil violations and not criminal offences or contractual obligations.

Medical negligence differs from regular negligence because the injured party must prove that the physician was aware that their actions could cause harm in order to be able to claim malpractice, however normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be guilty of negligence but not malpractice because the doctor didn't intend to cause harm.

In the case of medical negligence, the defendant's duty is to treat the patient in line with the standards of care that a competent health professional with similar experience and expertise would provide in similar circumstances. The violation of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses due to a doctor's negligence. This could include financial losses, such as future medical bills, and non-economic damages like discomfort and pain.

To be able to claim damages, you need to prove that a doctor violated a duty and that his deviance from the standard of care led to injuries, and that the injury resulted in financial losses that are quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that caused an illness or other medical issue that required additional treatment as a result. Other damages are less readily evident, for instance, if your doctor misdiagnoses you and you aren't able to receive the right treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. You may seek punitive damages in addition the compensation you would get in a lawsuit for survival.

In the majority of states, there are limitations on what you can claim when you file a claim for malpractice. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states have laws that limit how long you can wait before filing an action.

Time Limits

As with all lawsuits there are certain deadlines which must be adhered to or the case will be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical salisbury malpractice law firm arising. The time limit differs by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be found to be valid in court. This can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example, in Pennsylvania the patient has to file a claim within two years from the time they were aware of the malpractice, or that a reasonable person could have realized that the injury existed. This is called the discovery rule.

In some states the statutes of limitations begin to expire on the date when the medical error occurred. This can be problematic if the act does not immediately cause symptoms. As an example, suppose the doctor is negligently leaving a foreign object in the body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In this instance, the statutes of limitations could have been running from the date of surgery, not the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. An expert witness for the plaintiff will testify about doctors' obligations to the patient, the medical guidelines for doctors who have similar qualifications in the same area as well as the specific ways in which the defendant departed from the standards. The expert will discuss why the defendant's omission directly impacted the patient's injuries.

The defendant will contract a professional to counter the plaintiff's expert and offer their professional opinion about whether the doctor's actions met the requirements of medical care. The experts could disagree but the fact-finder will decide which expert is most trustworthy.

It is best for the expert to be working in the medical field since they are more knowledgeable about current practice. Jurors and judges typically consider professionals who are practicing more credible than experts who solely rely on the testimony of a court.

It is also recommended to use an expert witness who has expertise in the area of the malpractice. A medical professional with had experience treating breast cancer for example, can make an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know which experts to ask.