How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This evidence could be a hospital and medical documents.

Our lawyers have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice or work at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately, in some instances these standards are not met or are even breached. This can cause devastating results.

If someone suffers injury or death as a result of a physician's malpractice, they may file a lawsuit against the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements exist: duty, breach of duty, causation and damages.

Malpractice is defined as an act committed by the doctor that is against the accepted norms within the medical field and can cause harm to a patient. It is an aspect of tort law that addresses civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is different from regular negligence because the victim must prove that the doctor was aware or ought to have known that their actions could cause harm in order to be able to claim malpractice, however normal negligence doesn't. For instance a surgeon who accidentally nicks a nerve or vein during surgery could be negligent, but not malpractice since the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a competent health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is important because it proves that the alleged negligence caused the injury.

Damages

In a bellwood Malpractice attorney lawsuit, damages are dependent on the losses you have suffered due to negligence by a doctor. This can include both financial losses, such as future medical bills, and non-economic losses like pain and discomfort.

To be able to claim damages, you must prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the norm caused injury, and this injury had quantifiable monetary consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified immediately, for instance, if a doctor's mistake led to an infection, or other medical issues which required additional treatment. Some damages are more difficult to see, such as when the doctor is unable to diagnose your condition and you don't receive the correct treatment.

You can sue wrongful death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the compensation you'd receive in a case of survival.

In most states there are limits on the amount you can recover in a legal case. These caps vary from state to state and are usually applicable to both financial and other damages. Some states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit, there are specific time limits which must be adhered to or the case may be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The time frame 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 any north braddock malpractice lawyer and whether the case will be heard in court. This stage takes months or weeks.

Medical malpractice cases are governed by different laws, and the statute of limitations is often altered. In Pennsylvania, a patient has two years from the time when they first discovered the negligence. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This could be problematic if the medical error does not cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the procedure. In this case the statute of limitation could have begin running from the date of the procedure, not the moment the error was discovered.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards applicable to the area and in the specialty of that type of physician with similar qualifications and skills and the ways in which the defendant departed from the standards. The expert will explain how the deviation directly caused the injury of the patient.

The defendant will engage an expert to challenge the plaintiff's expert and then provide their professional opinion as to whether the doctor met the standards of care. It is common for experts to disagree with each however the fact finder decides who is the most reliable based on their education and experience.

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

It is also beneficial to use an expert witness who specializes in the field of legal malpractice. For example, a medical expert who is well versed in dealing with breast cancer can present a an even more convincing case for the cause of an injury suffered by a plaintiff. A seasoned Ocala medical malpractice attorney will be aware of the experts to contact for your case.