The Secret Secrets Of Malpractice Case

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This evidence can include hospital and medical records.

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

Negligence

When a patient sees a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately they aren't always adhered to or even observed. This can cause devastating results.

A lawsuit may be filed against a medical professional if the patient is injured or dies as a result of the negligence of the doctor. To have a valid case, the person who was injured must prove four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice can be defined as an act by a doctor that is outside the accepted norms of the medical community and causes injury to a patient. It is a section of tort law that is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the victim must show that the doctor was aware that their actions could cause harm in order to assert malpractice, however normal negligence does not. For example the surgeon who creates a cut on a vein or nerve during surgery would be considered negligent, but not malpractice because the surgeon did not intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty 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 crucial aspect since it shows that the negligent act caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you suffered due to the negligence of a doctor. This can include both financial loss such as the cost of future medical expenses, and non-economic losses such as suffering and pain.

To recover damages, it is essential to show that a doctor has violated 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 complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be seen immediately, for instance the case where a doctor's error resulted in an infection or other medical issues that require additional treatment. Other losses are not as apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to receive the appropriate treatment.

You can sue wrongful death when a doctor's negligence caused your death. In these claims, you are entitled to the same amount you could have gotten in a lawsuit for survival and Malpractice lawsuit punitive damages.

In most states there are limits to the amount you can recover in a malpractice lawyer case. These caps vary by state, and often apply to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to start a lawsuit.

Time Limits

As with any lawsuit there are certain time frames that must be observed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The exact time frame is determined by the state.

The time period can be complicated and it is important to consult an attorney immediately. The law firm will conduct an investigation to determine if malpractice occurred and whether it will hold up in the court. This process can take months or even weeks.

Medical malpractice cases are subject to different laws and the statute of limitation is usually modified. In Pennsylvania the patient is entitled to two years from the time that they realized the malpractice. This is known as the discovery rule.

In some states, the statutes of limitations begin to run on the date that the medical error occurred. This can be a problem if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient may not be aware of the object until three years after the surgery. In this case the statute of limitations could have begun to expire from the date the procedure, not the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice law firms cases. An expert witness for a plaintiff will discuss the doctor's obligation of providing medical care to the patient as well as the standards of medical care in the area and the specialization for this type of doctor with similar qualifications and expertise and the ways in which the defendant's actions were in violation of the standards. The expert will then explain how the deviance directly contributed to the injury of the patient.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion on whether the doctor met the standard of care. The experts may disagree however the fact-finder determines which expert is most reliable.

It is best for the expert to continue working in the medical field as they are more knowledgeable about the current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose only source of income is the testifying in court.

It is also recommended to choose an expert with expertise in the area of malpractice. For example an expert in medicine who is knowledgeable about treating breast cancer could make a an argument more convincing regarding the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know which experts to ask.