How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical records.

Our lawyers have years of experience in taking depositions that are effective. These may be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately these standards aren't always adhered to or even observed. This can cause devastating consequences.

When someone suffers injury or death as a result of a doctor's negligence, they can sue the medical professional. To prove a case, an injured patient must establish four legal aspects that include breach of duty, breach of duty, damages and causation.

Malpractice can be defined as an act by an individual doctor that is not in line with the accepted norms of the medical profession and results in injury to the patient. It is an aspect of tort law that deals with civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence is different from regular negligence in that the victim must prove that the doctor knew, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to cause harm to anyone.

In a case of medical Phillipsburg malpractice law firm (https://vimeo.com) the defendant is under a legal obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with comparable experience and education in similar situations would provide. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered as a result a doctor's negligence. These could include both financial loss, such as the cost of future medical expenses as well as non-economic losses such as pain and suffering.

To claim damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from the norm resulted in injury, and the injury was measurable in terms of financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment as a result. Other damages aren't as evident, like when your doctor misdiagnoses you and you aren't able to receive the right treatment.

If a doctor's error causes you to die, you can sue for the cause of death. You can seek punitive damages in addition to the money you'd receive in a survival lawsuit.

In many states, there are limitations on the amount you can recover in a malpractice case. These caps vary by state, and often apply to both economic and non-economic damages. Certain states also have rules that limit the time it takes to bring a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be followed or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The exact time frame varies by 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 whether it will be able to stand in court. This process can take weeks or months.

Medical woodbury malpractice attorney cases are subject to different laws and the statute of limitation is frequently altered. For example, in Pennsylvania the patient has to make a claim within two years from the date they were aware of the tamarac malpractice attorney, or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In some states the statutes of limitation begin to run from the date when the medical error occurred. This could be problematic if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of the patient after surgery. The patient may not realize the object until three years after the surgery. In this case the statute of limitations could have begun to start running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify about the doctor's duty to the patient, the medical standards for doctors who have similar qualifications in the same area and specialization, and the ways in which the defendant's conduct was different from those standards. The expert will also explain how the defendant's departure directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standard of care. The experts could disagree, but the fact-finder decides which expert is the most reliable.

It is best for the expert to be working in the medical field as they will have a better knowledge of current practices. Jurors and judges typically find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also advisable to choose an expert with expertise in the area of malpractice. For example a medical professional who is proficient in treating breast cancer can provide an argument more convincing regarding the reason for the plaintiff's injuries. A medical malpractice lawyer in Ocala will know which experts to talk to.