The Malpractice Case Mistake That Every Newbie Makes

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her obligation to patients. This evidence could include hospital and medical records.

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

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not met, or even breached. The results of this breach could be devastating.

A lawsuit may be filed against a medical professional when patients are injured or dies as a result of the negligence of the doctor. To be able to make a legitimate claim, the injured patient must demonstrate that four legal elements exist which include breach of duty, causation, and damages.

Malpractice is defined as an act committed by the doctor that is against the accepted norms in the medical field and can cause harm to the patient. It is a component of tort law that deals with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence because the victim must prove that the doctor knew or should have known that their actions could cause harm to prove malpractice, whereas normal negligence is not required. A surgeon who accidentally nicks or cuts 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 a medical malpractice case the defendant's obligation is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and expertise could provide in similar situations. The breach of duty is significant because it shows that the alleged negligent conduct caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses due to a physician's negligence. These could include both financial loss such as the cost of future medical care as well as non-economic losses such as pain and suffering.

To be able to claim damages, you need to demonstrate that a doctor did not fulfill an obligation and that his violation of the standard of care led to injury, and that the injury had quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be identified quickly, for example when a mistake made by a doctor resulted in an infection or other medical issue that required additional treatment. Certain damages are more difficult to spot in the event that an expert misdiagnoses your illness and you cannot get the right treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. In these claims you are entitled to everything you would have received in a survival action as well as punitive damages.

In the majority of states, there are limits on the amount you can be awarded in a malpractice case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the length of time you can wait before filing an action.

Time Limits

Like any lawsuit there are certain deadlines to be adhered to or the case may be dismissed. A malpractice attorney suit must typically be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and whether it will be able to stand in the court. This can take weeks or malpractice Lawsuit even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is altered. For example in Pennsylvania patients must make a claim within two years of the date they discovered the malpractice or the date a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In some states, the statutes of limitations start to run on the date the malpractice occurred. This could be problematic if the medical malpractice does not cause any immediate symptoms. For instance, suppose that the doctor is negligently leaving a foreign object inside the body following surgery. The patient might not find 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 moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and the specialization for the type of doctor with similar qualifications and skills and Malpractice Lawsuit the manner in which the defendant violated the standards. The expert will describe why the defendant's omission directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor was in compliance with the standards of care. It is not uncommon for experts to differ with each however the factfinder decides who is the most reliable based on their expertise and experience.

It is preferential for the expert to be 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 testimony in court.

It is also recommended to get an expert witness who is skilled in the area of the negligence. For instance a medical professional who is experienced in treating breast cancer can make an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know what experts to talk to.