How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a doctor or a hospital you must establish that the defendant has breached their obligation to patients. This could include hospital and medical documents.

Our lawyers have years of experience in taking depositions that are effective. These may be doctors or other medical professionals working in private practice, or Vimeo.Com employees at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not being met or even breached. This can lead to devastating results.

If someone is injured or suffers death as a result of a doctor's malpractice, they may pursue a lawsuit against the medical professional. In order to file a legitimate claim, the injured patient must prove that four legal elements are present which include breach of duty, causation, and damages.

Malpractice can be described as an act performed by the doctor that is against the accepted norms within the medical profession and causes injury to the patient. It is an aspect of tort law, which deals with civil violations that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence because the victim must prove that the doctor knew or should have known that their actions would cause harm in order to assert malpractice, however normal negligence doesn't. For instance a surgeon who accidentally nicks a nerve or vein during surgery would be considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice lawsuit the defendant is under a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable experience and training in similar circumstances would offer. The breach of duty is significant because it demonstrates that the negligence alleged caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, such as the expense of medical treatment in the future as well as non-economic losses such as suffering and pain.

To be able to claim damages, it is necessary to prove that a doctor violated the law, that his deviation from the standard of care led to injury, and the injury resulted in measurable financial costs. This is a complex legal analysis that usually requires expert witness testimony.

Some of the losses can be observed in a matter of minutes, for instance the case where a doctor's error resulted in an infection or other medical issue that required further treatment. Other losses are not as apparent, such as when your doctor misdiagnoses you, and you're unable to receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You may seek punitive damages in addition the compensation you'd get in a lawsuit for survival.

In the majority of states, there are limitations on the amount you can be awarded in a malpractice claim. These caps vary from state to state, and are typically 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

As with any lawsuit there are certain deadlines that must be followed or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a janesville malpractice attorney lawsuit is determined by the state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be accepted in court. This can take months or even weeks.

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

In other states the statute of limitations begins to run from the date the malpractice occurred. This could be an issue if the error does not immediately cause symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not realize the object until three years after the procedure. In that situation the statute of limitations might have started to begin running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, the medical standards for physicians who have similar qualifications in the same area as well as the specific ways in which the defendant departed from the standards. The expert will also explain how the deviation directly led to the patient's injury.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion on whether the doctor was in compliance with the standards of care. It is common for the experts to differ with each however the fact finder determines who is the most trustworthy based on their knowledge and experience.

It is best for the expert to be still working in the medical field as they are more knowledgeable about the current practices. Jurors and judges typically find practicing professionals more credible than experts whose only source of income is testifying in court.

It is also beneficial to work with an expert who has specialized in the area of vernal malpractice lawyer. A medical professional with experience treating breast cancer, for instance, can provide an argument convincingly as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will know which experts to contact for your case.