How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This can be evidence from hospitals and medical documents.

Our lawyers have years of expertise in obtaining depositions that are successful. They may be doctors, other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

When a patient sees a doctor or hospital professional, they are entitled to certain standards of medical treatment. In some instances, these standards are not being met or even violated. The results of this breach can be devastating.

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

fairview malpractice lawsuit can be defined as an act committed by a doctor that is outside the accepted norms in the medical profession and results in harm to the patient. It is an aspect of tort law, which deals with civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is different from regular negligence because the victim must prove that the doctor was aware or ought to have known that their actions could cause harm in order to assert lamar malpractice lawsuit, 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 surgeon did not intend to hurt anyone.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient according with the standards of care that a competent health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

Damages in a auburn malpractice lawsuit case are determined by the losses you suffered as a result of the negligence of a doctor. They can be a combination of financial loss, like the expense of medical treatment in the future as well as non-economic losses such as pain and suffering.

In order to recover damages, you need to show that a doctor has violated a duty or obligation, and that his lapse from the standard of care resulted in injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that caused an infection or other medical complications and you required further treatment due to the result. Other losses are not as evident, for instance, if your doctor has misdiagnosed you and you are not able to receive the proper treatment.

If a medical professional's negligence leads to your death then you can sue for the cause of death. In these cases you're legally entitled to all the compensation you would have received in a survival case as well as punitive damages.

In most states there are limits on the amount you can recover in a legal case. These limits vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the length of time you can wait before filing a lawsuit.

Time Limits

Like any lawsuit there are time limits that must be followed or the case will be dismissed. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The specific time limit varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will hold up in court. This process can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitations is changed. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the malpractice. This is known as the discovery rule.

In some states the statutes of limitations start to run on the date the malpractice occurred. This is an issue if the error does not cause immediate symptoms. For instance, suppose that a doctor negligently leaves an object foreign to the body following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations may have started at the time of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of providing medical care to the patient, the medical standards in the region and specialty for doctors who has similar qualifications and abilities and the ways that the defendant deviated from the standards. The expert will then explain how the departure directly contributed to the injury suffered by the patient.

The defendant will engage a professional to counter the plaintiff's expert and offer their professional opinion about whether the doctor's treatment was consistent with guidelines of care. Experts may differ, but the fact-finder decides which expert is most trustworthy.

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

It is also advisable to work with an expert who is specialized in the area of malpractice. For instance a medical professional who is knowledgeable about treating breast cancer can provide an argument more convincing regarding the cause of a plaintiff's injury. An experienced Ocala medical malpractice lawyer will know which experts to contact for your case.