Seven Explanations On Why Malpractice Case Is So Important

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her duty to patients. This evidence can include hospital and medical documents.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately the standards aren’t always met or even violated. This can cause devastating consequences.

A lawsuit may be brought against a medical professional if the patient is injured or dies as a result of the negligence of the doctor. To be able to file a valid lawsuit the injured person must establish four legal elements: duty, breach, causation and damages.

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

Medical negligence differs from normal negligence because the victim must show that the doctor was aware or ought to have known that their actions would cause harm to assert malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor didn’t intend to cause harm to anyone.

In a medical malpractice case, the defendant’s duty is to provide the patient with the standards of care a competent health professional with similar experience and education would provide in similar circumstances. The breach of duty is crucial since it establishes that the alleged negligent conduct caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you suffered due to the negligence of a doctor. This can include both financial losses, like future medical expenses, as well as non-economic damages such as pain and discomfort.

To recover damages, you must show that the doctor violated the duty of care, that the physician’s deviation from the standard caused injury, and this injury had quantifiable monetary consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen in a matter of minutes, for instance when a mistake made by a doctor caused an infection or other medical issue that required additional treatment. Some damages are more difficult to see like when an expert misdiagnoses your illness and you are unable to receive the right treatment.

If the negligence of your doctor results in your death then you can sue for wrongful death. You can seek punitive damages in addition the compensation you would get in a lawsuit for survival.

In the majority of states, there is a limit to the amount you can get in a lawsuit for malpractice. The caps differ from state to state and are usually applicable to both economic and other damages. Some states have laws that limit the amount of time you have to wait before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case could be dismissed. A gulf breeze malpractice lawyer lawsuit should generally be filed between two and six years after the incident occurred. The exact time frame is determined by the state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be accepted in the court. This can take up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the negligence. This is known as the discovery rule.

In some states the statutes of limitation start to run on the date that the medical error occurred. This can be an issue when the mistake is not immediately causing symptoms. For instance, suppose that a doctor negligently leaves an object foreign to the body after surgery. The patient might not find the foreign object until three or more years after surgery. In this scenario, the statutes of limitations could have started in the year following the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the details of the case. An expert witness for a plaintiff will provide testimony regarding the doctor’s duty of providing medical care to the patient and the medical standards applicable to the region and specialization for doctors with the same qualifications and experience and the ways that the defendant violated those standards. The expert will describe the way in which the defendant’s actions directly impacted the victim’s injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and offer their professional opinion as to whether the doctor’s actions met the guidelines of care. The experts could disagree but the fact-finder is the one who decides which expert is most credible.

It is preferential for the expert to continue working in the medical field because they are more knowledgeable about current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose sole source of income is the testifying in court.

It is also recommended to hire an expert witness who specializes in the field of negligence. A medical expert with expertise in treating breast cancer, for example, can make an argument convincingly as to the reason for an injury. A knowledgeable Ocala medical elizabethton malpractice law firm (vimeo.com) attorney will know which experts to refer your case.