How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice suit against a hospital or doctor, you must have evidence that the defendant has violated their obligation to patients. This can be evidence from hospitals and medical documents.

Our lawyers have years of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or working at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately these standards aren't always met or even violated. This breach can have devastating consequences.

If someone suffers injury or death due to a doctor's negligence, they can pursue a lawsuit against the medical professional. To be able to make a legitimate claim, the injured patient must demonstrate that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the accepted norms of medical practice in the medical field, and causes injury to the patient. It is a subset of tort law that addresses civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence because the victim must prove that the physician was aware or ought to have known that their actions could cause harm in order to be able to claim anniston malpractice lawsuit, however normal negligence doesn't. For example a surgeon who accidentally creates a cut on a vein or nerve during surgery could be in the wrong of negligence, but not malpractice since the doctor didn't intend to cause harm.

In a medical malpractice case the defendant's obligation is to provide the patient with the standard of care a knowledgeable health professional with similar experience and qualifications would offer in similar circumstances. The violation of this duty is a critical element since it proves that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic damages like discomfort and pain.

To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill an obligation, that his deviation from the standard of care led to injury, and that the injury had quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or other medical problem that required additional treatment because of it. Certain damages are more difficult to spot like when the doctor is unable to diagnose your condition and you don't receive the proper treatment.

If your doctor's Pittsfield malpractice Attorney causes your death and you are unable to sue, you may be able to sue for the cause of death. You may be able to claim punitive damages in addition the compensation you would get in a lawsuit for survival.

In many states, there is a limit on what you can receive in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict the time you have to wait to make a claim.

Time Limits

Like any lawsuit there are certain deadlines that must be followed or the case may be dismissed. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The deadline varies according to state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and if it will hold up in court. This can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is often modified. For example in Pennsylvania a patient must submit a claim within two years from the day they were aware of the malpractice, or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be problematic if the act does not immediately cause symptoms. For example, suppose a doctor negligently leaves a foreign object in the body after surgery. The patient may not realize the foreign object until at least three years after the surgery. In this case the statute of limitations could have been beginning from the date of surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. Expert witnesses for plaintiffs will testify about the doctor's duty of treating the patient with respect and the medical standards applicable to the area and the specialization for that type of physician who has similar qualifications and abilities and the ways the defendant's actions were in violation of those standards. The expert will discuss how the defendant's deviance directly impacted the patient's injuries.

The defendant will contract a professional to counter the plaintiff’s expert, and provide their professional opinion about whether the doctor met the guidelines of care. The experts may disagree but the fact-finder is the one who decides which expert is the most trustworthy.

It is advisable for the expert to be working in the medical field because they are more knowledgeable about current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely solely on court testimony.

It is also beneficial to hire an expert witness that is specialized in the area of the malpractice. For example, a medical expert who is proficient in treating breast cancer can provide an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice attorney in Ocala will know which experts to speak with.