How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our attorneys have extensive expertise in obtaining depositions that are successful. They may be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately the standards aren't always met or even violated. This breach could have devastating consequences.

A lawsuit may be filed against a medical professional when an injured patient dies because of the negligence of the physician. To be able to make a valid claim, the injured patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of medical practice in the medical community and results in injury to the patient. It is a component of tort law, which deals with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence because the victim must prove that the physician was aware that their actions would 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 guilty of negligence but not malpractice since the doctor did not intend to cause harm.

In a case of medical malpractice, the defendant has a duty to treat the patient according to the standard of care a reasonably competent healthcare professional with comparable knowledge and experience in similar circumstances would offer. The breach of duty is crucial since it establishes that the alleged negligent conduct caused the injury.

Damages

The damages in a malpractice case are based on the losses you sustained as a result of the negligence of a doctor. This could include financial losses, Brunswick malpractice lawyer such as future medical expenses, as well as non-economic damages such as pain and discomfort.

In order to recover damages, you need to establish that a doctor acted in violation of a duty and that his violation of the standard of care resulted in injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for example the case where a doctor's error resulted in an infection or other medical complications that require additional treatment. Certain damages are more difficult to spot, such as when an expert misdiagnoses your illness and you do not receive the correct treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. In these cases you are entitled to everything you would have gotten in a survival lawsuit, plus punitive damages.

In most states, there are limitations on what you can receive in a Brunswick malpractice lawyer claim. The caps differ by state and typically 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 specific time frames that must be followed or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The timeframe for filing a lawsuit varies by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a bellingham malpractice lawyer was committed and if it could be found to be valid in court. This phase can last for months or even weeks.

Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. For instance in Pennsylvania patients must file a claim within 2 years of the date they discovered the malpractice or when a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This can be problematic if the medical mistake does not trigger any immediate symptoms. Imagine, for instance that a doctor negligently left a foreign object in the patient's body after surgery. The patient might not find the foreign object until at least three years after the surgery. In that scenario the statute of limitations could have start running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the area and the specialization for the type of doctor who has similar qualifications and abilities and the ways in which the defendant violated those standards. The expert will also explain how the defendant's deviance directly impacted the patient's injuries.

The defendant will engage a professional to counter the plaintiff's expert and offer their professional opinion as to whether the doctor was in compliance with the requirements of medical care. It is common for experts to disagree with one other, but the factfinder determines who is the most trustworthy on their education and experience.

It is advisable for the expert to remain working in the medical field because they are more knowledgeable about the current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to hire an expert with expertise in the area of malpractice. For example an expert in medicine who is well versed in treating breast cancer can make an even more convincing case for the reason for the plaintiff's injury. A medical malpractice lawyer in Ocala will know which experts to talk to.