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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her obligation to patients. This could include hospital and medical documents.

Our lawyers have years of experience in conducting effective depositions. They may be doctors, other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately they aren't always met, or even violated. The consequences of this breach could be devastating.

A lawsuit can be filed against a medical professional when patients are injured or suffers a death due to the negligence of that doctor. To be able to make a valid claim, the injured patient must prove that four legal elements exist which include breach of duty, causation and damages.

Malpractice can be described as an act performed by the doctor that is against the norms of the medical field and can cause harm to a patient. It is a section of tort law, which is concerned with civil wrongs but not criminal or contractual duties.

Medical negligence is different from regular negligence in that the person who is injured must show that the doctor was aware that their actions would cause harm in order to assert malpractice, however normal negligence does not. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to hurt anyone.

In a medical malpractice lawsuit, the defendant has the obligation of treating the patient in accordance with the standard of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances would provide. The breach of duty is significant because it demonstrates that the negligence alleged caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you suffered as a result of negligence by a doctor. They can be a combination of financial losses, such as the costs of future medical treatment as well as non-economic losses such as pain and malpractice suffering.

To recover damages, you need to prove that a doctor violated an obligation or obligation, and that his lapse from the standard of care led to injuries, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be identified in a matter of minutes, for instance the case where a doctor's error led to an infection, or other medical issue that require additional treatment. Other damage isn't as evident, like when your doctor misdiagnoses you, and you're unable to receive the proper treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the amount you would receive in a survival lawsuit.

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 usually applicable to both economic and other damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames to be adhered to or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The specific time limit is different for each state.

The time limit can be complicated, so it is vital to consult with an attorney immediately. The law firm will conduct an investigation to determine if malpractice occurred and whether it will be able to stand in court. This process can take months or weeks.

Medical malpractice cases are subject to different laws, and the statute of limitations is usually modified. In Pennsylvania the patient is 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 starts at the time the malpractice occurred. This is a problem when the malpractice doesn't immediately cause symptoms. For malpractice instance, suppose that the doctor is negligently leaving a foreign object inside the body after surgery. The patient might not find the foreign object until at least three years after surgery. In this case the statute of limitations might have started to run from the date of the procedure instead of the moment the error was discovered.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of care to the patient as well as the standards of medical care in the area and in the specialty of that type of physician with similar qualifications and expertise and the manner in which the defendant departed from those standards. The expert will also explain how the deviation directly contributed to the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor met the standard of care. Experts may differ however the fact-finder determines which expert is most trustworthy.

It is advisable for the expert to be working in the medical profession since they are more knowledgeable about the current practices. Jurors and judges typically believe that practicing professionals are more credible than experts whose sole source of income is testifying in court.

It is also recommended to use an expert witness that is specialized in the area of the malpractice. For example a medical professional who is well versed in dealing with breast cancer can present a an argument more convincing regarding the cause of a plaintiff's injury. An experienced Ocala medical malpractice law firms lawyer will be aware of which expert witnesses to refer your case.