Where Can You Get The Top Malpractice Case Information?

How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a physician or hospital, you must have evidence that the defendant has violated their duty towards patients. This could include medical and hospital records.

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

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or Vimeo.com health professional. Unfortunately, in some instances these standards are not being met or even breached. This can lead to devastating consequences.

A lawsuit can be filed against a medical professional when an injured patient suffers a death due to the negligence of the doctor. To be able to make a valid claim, the injured patient must prove that four legal elements exist in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission of a physician that deviates from the norms of practice accepted within the medical profession, and causes injury to the patient. It is a subset of tort law that addresses civil violations that are not legal obligations or criminal offenses.

Medical negligence is distinct from normal negligence in that the person who is injured must prove that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For instance, a surgeon who accidentally cut a vein or nerve during surgery could be in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a lawsuit for medical malpractice the defendant has a legal obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same knowledge and experience in similar situations would provide. The breach of duty is important 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 physician’s negligence. This could include financial losses, such as future medical bills, and non-economic damages, such as discomfort and pain.

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

Some of these losses are evident like when your doctor made an error that caused an infection or other medical complications and you needed to seek additional treatment as a result. Other damages are less readily apparent, such as when your doctor has misdiagnosed you and you’re unable to get the correct treatment.

You may sue for wrongful deaths if your doctor’s negligence causes your death. You may be able to claim punitive damages in addition to the amount you would receive in a case of survival.

In the majority of states, there are limits on what you can claim in a lawsuit for malpractice. These caps differ from state to state, and are typically applicable to both economic and other damages. Certain states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to, or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The specific time limit is determined by the 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 a malpractice occurred and whether it will be accepted in the court. This can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is frequently altered. In Pennsylvania patients are 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 from the date that the medical error occurred. This can be a problem if the medical error doesn’t cause immediate symptoms. Imagine, for instance that a doctor negligently left a foreign body inside the body of the patient following surgery. The patient might not find the object until three years after the surgery. In that scenario the statute of limitation could have run from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. A plaintiff’s expert will testify regarding the duty of the doctor to the patient, medical requirements for doctors who have similar qualifications in their area as well as the specific ways in which the defendant departed from the standards. The expert will also explain how the defendant’s deviance directly caused the injury to the patient.

The defendant will hire a professional to counter the plaintiff’s expert, and offer their professional opinion as to whether the doctor met the guidelines of care. Experts could differ but the fact-finder will decide which expert is the most reliable.

It is better for the expert to still working in the medical field, as they will have a better understanding of current practices. Jurors and judges tend to find practicing professionals more credible than experts who solely rely on the testimony of a court.

It is also preferable to get an expert witness who is skilled in the field of negligence. A medical expert with had experience treating breast cancer for instance, can provide an argument convincingly as to the reason for an injury. A seasoned Ocala medical shakopee malpractice law firm attorney will know which expert witnesses to consult for your case.