How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital, you must have evidence that the defendant has breached their duty to patients. This evidence could be a medical and hospital records.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors or other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately, these standards are not always met or even violated. This can cause devastating consequences.

A lawsuit can be brought against a medical professional if an injured patient dies because of the negligence of the doctor. To establish a case, the person who was injured must establish four legal aspects which are breach of duty, duty, causation and damages.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice within the medical profession, and results in injury to the patient. It is a section of tort law that covers civil violations but not criminal or contractual duties.

Medical negligence is different from normal negligence in that the victim must demonstrate that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In an instance of medical malpractice the defendant's obligation is to treat the patient in line with the standard of care that a reasonably qualified health professional with similar experience and qualifications would provide in similar circumstances. The breach of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

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

To claim damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from the standard of care caused injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed quickly, for example an error by a doctor led to an infection, or other medical issue that require additional treatment. Some damage is more difficult to spot, such as when doctors misdiagnose your condition and you are unable to receive the proper treatment.

If a medical professional's negligence causes you to die then you can sue for the cause of death. In these cases, you are entitled to the same amount you could have gotten in a lawsuit for survival as well as punitive damages.

In most states, there are limits on what you can claim in a malpractice claim. These limits vary from state to state and are often applicable to both economic and other damages. Some states also have rules that limit how long you can wait to file a lawsuit.

Time Limits

Like any lawsuit there are certain deadlines that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The time limit differs by state.

The time period can be complex, and it is crucial to consult with an attorney right away. The law firm will conduct an investigation to determine if princeton malpractice attorney occurred and if it will be found to be valid in the court. This stage can take months or even weeks.

Medical Oak Park Malpractice Law Firm cases are governed by different laws than other types of cases, and often the statute of limitations is extended. For instance in Pennsylvania the patient has to make a claim within two years of the date they discovered the malpractice or that a reasonable person should have realized the injury existed. This is called the discovery rule.

In some states the statutes of limitation begin to run from the date the sycamore malpractice law firm occurred. This can be an issue if the error is not immediately causing symptoms. Imagine, for malpractice attorney example, that a doctor has negligently left a foreign object in the body of a patient following surgery. The patient may not realize the object until three years after the procedure. In this instance the statute of limitations could have begun in the year following the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help clarify the facts of the case. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, the medical guidelines for doctors who have similar qualifications in the field and specialty and the ways the defendant deviated from the standards. The expert will describe how the defendant's departure directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion on whether or not the doctor met the standard of care. Experts may differ but the fact-finder will decide which expert is most credible.

It is preferential for the expert to still be working in the medical field because they'll have more knowledge of the current practice. 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 use an expert witness that is specialized in the area of the fraud. For example, a medical expert who is well versed in dealing with breast cancer can present a a more convincing argument about the cause of a plaintiff's injury. A medical malpractice attorney in Ocala will know which experts to talk to.