Everything You Need To Know About Malpractice Case

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant violated his or her obligation to patients. This evidence could include medical and hospital records.

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

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical care. Unfortunately, in some cases these standards are not met or are even breached. The consequences of this breach can be devastating.

A lawsuit can be filed against a medical professional if patients are injured or dies due to the malpractice of that doctor. To be able to file a valid lawsuit the patient who has been injured must establish four legal aspects including breach of duty and causation and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of medicine in the medical community, and inflicts harm on the patient. It is an aspect of tort law which covers civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence differs from normal negligence because the injured party must prove that the doctor was aware or ought to have known that their actions would cause harm to be able to claim malpractice, however normal negligence doesn't. For example a surgeon who accidentally cuts a vein or nerve during surgery could be found considered negligent, but not malpractice as the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant is under a legal obligation to treat the patient according to the standard of care a reasonably prudent healthcare professional with the same knowledge and experience in similar circumstances would provide. The breach of duty is crucial because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses as a result a doctor's negligence. These can include both actual financial loss such as the cost of future medical expenses as well as non-economic losses like suffering and pain.

To be able to claim damages, you have to prove that the doctor violated a duty of care, that the doctor's deviation from the norm resulted in injury, Vimeo and this injury had quantifiable monetary consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses can be identified quickly, for example, if a doctor's mistake caused an infection or Vimeo other medical issues which required additional treatment. Other losses are not as evident, for instance, if your doctor has misdiagnosed you and you're unable to receive the right treatment.

If the negligence of your doctor leads to your death, you can sue for wrongful death. In these claims you're entitled to everything you would have received in a lawsuit for survival and punitive damages.

In many states, there are limits on what you can receive when you file a claim for malpractice. These limits vary from state to state, and are typically applicable to both financial and other damages. Certain states have laws that limit the amount of time you can delay before filing an action.

Time Limits

Like any lawsuit there are certain time frames that must be observed or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The time frame varies by state.

The time limit can be complicated and it is important to consult with an attorney immediately. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be accepted in court. This can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is often modified. In Pennsylvania patients are entitled to two years from the time that they realized the error. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This could be problematic if the medical malpractice does not cause any immediate symptoms. For instance, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not discover the foreign object until three or more years after surgery. In this case, the statutes of limitations could have started beginning from the date of surgery rather than the discovery of error.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the details of the case. An expert witness for the plaintiff will testify about the doctor's duty of care to the patient and the medical standards applicable to the region and specialty for the type of doctor with similar qualifications and skills and the ways in which the defendant's actions were in violation of those standards. The expert will explain how the defendant's departure directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff’s expert, and offer their professional opinion regarding whether the doctor's treatment was consistent with standards of care. The experts could disagree, but the fact-finder decides which expert is most credible.

It is recommended for the expert to remain working in the medical profession since they are more knowledgeable about current practices. Judges and jurors typically find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also better to hire an expert with expertise in the area of malpractice. A medical professional with expertise in treating breast cancer, for instance, can present a a convincing argument as to the reason for an injury. A knowledgeable Ocala medical lynwood malpractice law firm lawyer will be aware of which expert witnesses to consult for Vimeo your case.