How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice suit against a doctor or a hospital you must establish that the defendant has violated their duty towards patients. This could include hospital and medical documents.

Our attorneys are experienced at taking effective depositions of witnesses. They may be doctors, other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health professional. Unfortunately, in some instances these standards are not met, or even violated. This breach could have devastating consequences.

A lawsuit may be brought against a medical professional if an injured patient dies because of the negligence of the doctor. In order to file a legitimate claim, the injured patient must demonstrate that four legal elements exist which include breach of duty, causation, and damages.

Malpractice can be defined as an act by an individual doctor that is not in line with the accepted norms in the medical profession and causes injury to the patient. It is a part of tort law that addresses civil wrongs but not criminal or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence doesn't. For example an surgeon who accidentally nicks a nerve or vein during surgery is in the wrong of negligence, but not pepper pike malpractice lawyer since the doctor did not intend to cause harm.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with similar experience and education in similar circumstances would provide. The breach of this duty is an essential element since 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. These could include both financial losses, such as the cost of future medical care, and non-economic losses like pain and suffering.

To recover damages, you must prove that the doctor breached a duty of care, that the doctor's deviation from that standard caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an illness or other medical issue and you required further treatment in the aftermath. Other damage isn't as apparent, such as when your doctor has misdiagnosed you and you aren't able to receive the appropriate treatment.

You may sue for wrongful deaths if your doctor's negligence causes your death. You can seek punitive damages in addition to the money you would receive in a survival suit.

In most states, there are limitations on the amount you can recover in a malpractice case. The caps differ from state to state and are often applicable to both economic and other damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit, there are specific deadlines which must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical shelbyville malpractice lawyer occurring. The deadline for filing a malpractice lawsuit varies from state to state.

The time limit is complicated and it is important to speak with a lawyer right away. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will stand up in court. This process can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they realized the louisville malpractice lawyer. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the medical error does not cause immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the patient's body after surgery. The patient might not discover the object until three years after the surgery. In this case, the statute of limitations could have begun to run from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of treating the patient with respect and the medical standards for the area and in the specialty of this type of doctor who has similar qualifications and abilities and the ways in which the defendant departed from those standards. The expert will explain how the departure directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion on whether or not the doctor met the standards of care. The experts could disagree however the fact-finder determines which expert is most trustworthy.

It is advisable for the expert to remain working in the medical field because they are more informed about current practice. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is a testimony in court.

It is also preferable to have an expert witness who specializes in the field of negligence. A medical professional with expertise in treating breast cancer, for example, can make an argument convincingly as to the reason for an injury. A medical malpractice attorney in Ocala will know what experts to talk to.