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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant violated his or her duty to patients. This evidence could include medical and hospital records.

Our lawyers have experience taking effective depositions of witnesses. They could be doctors or other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

When a patient visits a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately, in some instances these standards are not adhered to or even breached. The consequences of this breach can be devastating.

If someone is injured or suffers death as a result of a physician's negligence, they could sue the medical professional. To prove a case the patient who has been injured must demonstrate four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be defined as an act by doctors that goes against the norms of the medical community and causes injury to the patient. It is a component of tort law, which covers civil violations, not criminal offenses or contractual duties.

Medical negligence is distinct from normal negligence in that the injured party must demonstrate 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. For instance, a surgeon who accidentally cut a vein or nerve during surgery would be negligent, but not malpractice law firm since the doctor didn't intend to cause harm.

In a medical malpractice lawsuit the defendant has the obligation of treating the patient according to the standards of care that a reasonably prudent healthcare professional with comparable experience and education in similar situations would provide. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

The damages in a malpractice case are based on the losses you suffered as a result of the negligence of a doctor. This can include both financial losses, including future medical expenses, as well as non-economic damages like discomfort and pain.

In order to obtain damages, it is necessary to establish that a doctor acted in violation of an obligation or obligation, and that his lapse from the standard of care resulted in injury, and that the injury had quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that led to an infection or medical condition and you needed to seek additional treatment in the aftermath. Other damages aren't as apparent, such as when 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 wrongful death. You can seek punitive damages in addition the compensation you'd receive in a survival lawsuit.

In many states, there are limits on the amount you can recover in a malpractice case. These caps vary by state and usually apply to both economic and non-economic damages. Certain states also have rules that limit the length of time you have to wait to start a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice attorneys occurring. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and if the case could stand up in court. This process can take weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitation is altered. For instance in Pennsylvania the patient must make a claim within two years from the time they were aware of the malpractice, or when a reasonable individual would have recognized that the harm existed. This is called the discovery rule.

In some states the statutes of limitation begin to expire on the date that the medical error occurred. This can be problematic if the medical error doesn't cause immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In that case the statute of limitations could have run from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify on the duty of the doctor towards the patient, medical standards for doctors who have similar qualifications in the area and field, and the ways in which the defendant's conduct was different from those standards. The expert will describe how the defendant's deviance directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff’s expert, and then provide their professional opinion as to whether the doctor's actions met the requirements of medical care. The experts may disagree, but the fact-finder decides which expert is most reliable.

It is more beneficial for the expert to working in the medical field as they will have a better understanding of current practices. Jurors and judges typically find practicing professionals more credible than experts whose only source of income is testimony in court.

It is also preferable to have an expert witness who is skilled in the area of the negligence. A medical expert with had experience treating breast cancer for instance, can provide an argument that is convincing as to the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to speak with.