How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant breached his or her duty to patients. This could include hospital and medical records.

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

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, in some cases these standards are not met, or even breached. The results of this breach could be devastating.

If someone suffers injury or death as a result of a physician's negligence, they could bring a lawsuit against the medical professional. To have a valid case, an injured patient must establish four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be defined as an action by the doctor that is against the accepted norms in the medical field and can cause harm to the patient. It is an aspect of tort law which covers civil wrongs that are not contractual duties or criminal offenses.

Medical negligence differs from normal negligence because the injured party must show that the doctor knew or should have known that their actions could cause harm in order to be able to claim malpractice, however normal negligence does not. A surgeon who accidentally nicks or malpractice lawsuit cuts an artery or nerve during surgery is guilty of negligence but not negligence. This is because the surgeon didn't intend to harm anyone.

In a medical malpractice case the defendant's obligation is to treat the patient in line with the standard of care a knowledgeable health professional with similar experience and education could provide in similar situations. The violation of this obligation is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered caused by a doctor's negligence. They can be a combination of financial loss such as the costs of future medical treatment as well as non-economic losses like pain and suffering.

To recover damages, you have to prove that the doctor breached the duty of care, that the doctor's deviation from the standard resulted in injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made a mistake that led to an infection or other medical problem and you required further treatment due to the result. Other losses are not as evident, for instance, if your doctor misdiagnoses you and you're unable to get the correct treatment.

If your doctor's malpractice results in your death then you can sue for the cause of death. You may seek punitive damages in addition to the compensation you'd receive in a case of survival.

In a majority of states, there are limits to the amount you can get in a malpractice lawyers case. These limits vary from state to state, and are typically applicable to both economic and other damages. Some states have laws that limit the length of time you have to wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case may be barred. A malpractice lawsuit (www.Encoskr.Com) must generally be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time limit can be complex and it is essential to speak with a lawyer right away. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will be able to stand in the court. This process takes weeks or months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is altered. In Pennsylvania, a patient has two years from the date that they realized the malpractice. This is known as the discovery rule.

In certain states the statutes of limitation begin to expire on the date that the malpractice occurred. This can be an issue if the medical error does not cause immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign body in the body of the patient after surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In that case the statute of limitation could have begun to expire from the date the surgery, not from the moment the error was discovered.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards for the region and specialization for the type of doctor with similar qualifications and skills and the ways in which the defendant deviated from those standards. The expert will also explain how the deviance directly led to the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for experts to disagree with each however the fact finder determines who is the most reliable based on their knowledge and experience.

It is preferential that the expert continue to be working in the medical field because they will have better understanding of current practices. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is testifying in court.

It is also better to choose an expert who is specialized in the area of malpractice. A medical professional who has expertise in treating breast cancer, for instance, can provide a convincing argument as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to contact for your case.