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How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant has violated his or her duty to patients. This evidence may include medical and hospital records.

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

Negligence

Patients have the right to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately, in some cases these standards are not adhered to or even breached. The consequences of this breach can be devastating.

A lawsuit can be brought against a medical professional when a patient is injured or suffers a death due to the negligence of the doctor. In order to file a valid claim, the injured patient must prove that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medical practice in the medical community, and results in injury to the patient. It is a component of tort law, which addresses civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence because the injured party must show that the doctor was aware that their actions could cause harm to prove malpractice, whereas normal negligence is not required. For example, a surgeon who accidentally cut a vein or nerve during surgery would be guilty of negligence but not Memphis Malpractice Lawsuit because the surgeon did not intend to cause harm.

In a medical malpractice case the defendant is bound by a legal obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with the same experience and education in similar situations would provide. The breach of duty is significant since it establishes that the negligence alleged caused the injury.

Damages

In a case of anchorage malpractice lawsuit damages are calculated based on your losses due to a physician'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 suffering and pain.

In order to obtain damages, it is necessary to establish that a doctor acted in violation of a duty or obligation, and that his lapse from the standard of care resulted in injuries, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that usually 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 problem, and you needed additional treatment due to the result. Other losses are not as evident, like when your doctor misdiagnoses you, and you're unable to receive the appropriate treatment.

If the negligence of your doctor causes your death and you are unable to sue, you may be able to sue for the cause of death. In these cases you're entitled to the same amount you could have gotten in a survival lawsuit and punitive damages.

In the majority of states, there are limitations on what you can receive in a malpractice case. The caps differ from state to state and are often applicable to both financial and other damages. Some states also have rules that restrict how long you can wait to file a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames that must be observed or the case may be dismissed. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The time frame varies by state.

The time frame can be complex and it is essential to consult with a lawyer right away. The law firm will investigate to determine if there was malpractice and if the case can be heard in court. This process takes weeks or months.

Medical malpractice cases are governed by different laws, and memphis malpractice lawsuit the statute of limitations is often altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the malpractice. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This is a problem if the medical error doesn't cause immediate symptoms. For instance, suppose an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient might not find the object until three years after the procedure. In this case, the statutes of limitations could have begun running from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the details of the case. A plaintiff's expert will testify on the duty of the doctor to the patient, the medical requirements for doctors with similar qualifications in the field as well as the specific ways in which the defendant departed from those standards. The expert will explain how the departure directly caused the injury suffered by the patient.

The defendant will contract a professional to counter the plaintiff's expert and give their professional opinion about whether the doctor was in compliance with the standards of care. It is common for experts to disagree with each however the factfinder decides who is the most reliable based on their experience and education.

It is advisable for the expert to continue working in the medical field since they are more knowledgeable about current practices. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also recommended to hire an expert witness who is skilled in the field of malpractice. A medical expert with expertise in treating breast cancer, for instance, can provide an argument that is convincing regarding the cause of an injury. A medical malpractice lawyer in Ocala will know what experts to ask.