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How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a hospital or doctor you must prove that the defendant has breached their obligation to patients. This evidence may include medical and hospital documents.

Our lawyers are adept at taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

When a patient visits a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not met or are even violated. The results of this breach could be devastating.

When someone is injured or death as a result of a doctor's negligence, they could sue the medical professional. To establish a case the injured person must establish four legal elements including breach of duty and causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of medical practice within the medical profession, and inflicts harm on the patient. It is an aspect of tort law that deals with civil wrongs that are not legally binding or malpractice criminal in nature.

Medical negligence differs from regular negligence in that the victim must show that the doctor was aware or ought to have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery would be negligent, but not malpractice since the doctor did not intend to cause harm.

In a lawsuit for medical malpractice the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same expertise and training in similar circumstances would provide. The violation of this obligation is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered due to a doctor's negligence. This could include financial losses, including future medical costs, and non-economic damages like discomfort and pain.

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

Some of these losses are obvious for instance, if a doctor made a mistake that led to an infection or other medical problem and you needed to seek additional treatment because of it. Certain damages are more difficult to detect for instance, when an expert misdiagnoses your illness and you do not receive the correct treatment.

If a doctor's error causes you to die then you can sue for the wrongful death. You may be able to claim punitive damages in addition to the amount you'd receive in a survival suit.

In most states, there are limitations on the amount you can recover in a malpractice case. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the time you can delay before filing an action.

Time Limits

As with any lawsuit there are time limits which must be followed or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The time limit differs by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be accepted in court. This stage can take months or even weeks.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitations is altered. For instance in Pennsylvania the patient must submit a claim within two years from the time they discovered the redlands malpractice lawyer or the date a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This could be a problem when the malpractice is not immediately causing symptoms. For instance, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In that scenario the statute of limitation might have started to expire from the date the surgery, not from the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the facts of the case. An expert witness for the plaintiff will testify on doctors' obligations to the patient, medical standards for doctors who have similar qualifications in the field and field, Malpractice and the ways in which the defendant departed from the standards. The expert will also explain why the defendant's omission directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert and give their professional opinion about whether the doctor was in compliance with the standards of care. The experts may disagree however the fact-finder determines which expert is the most trustworthy.

It is advisable for the expert to be working in the medical field as they are more informed about current practice. Jurors and judges typically consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also advisable to hire an expert who is specialized in the field of malpractice. For instance an expert in medicine who is knowledgeable about treating breast cancer can provide an argument that is more convincing about the cause of a plaintiff's injury. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.