Unexpected Business Strategies Helped Malpractice Case Succeed

How to File a Medical Malpractice Lawsuit (Chunzee.Co.Kr)

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

Our lawyers are skilled at deposing witnesses in a professional manner. They could be doctors or other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor, or health care professional. However, in a few instances these standards are not being met or even breached. The consequences of this breach can be devastating.

If someone is injured or suffers death as a result of a physician's negligence, they can sue the medical professional. To be able to make a legitimate claim, the injured patient must demonstrate that there are four legal elements present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission of the physician that goes against the accepted norms of practice in the medical community, and results in injury to the patient. It is an aspect of tort law that deals with civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence because the injured party must show that the doctor knew or should have known that their actions could cause harm to be able to claim malpractice, however normal negligence doesn't. For instance a surgeon who accidentally cut a vein or nerve during surgery is in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In a case of medical malpractice the defendant is under the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with the same knowledge and experience in similar situations would provide. The breach of this duty is a crucial aspect since it shows that the negligent act caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered caused by a doctor's negligence. This can include both financial loss such as the costs of future medical treatment, and non-economic losses like suffering and pain.

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

Some of these losses are obvious like when your doctor made an error that led to an illness or other medical issue and you required further treatment due to the result. Other damages are less readily evident, like when your doctor misdiagnoses you, and you are unable to receive the right treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these cases, you are legally entitled to all the compensation you could have gotten in a survival case, plus punitive damages.

In many states, there are restrictions on what you can claim when you file a claim for malpractice. These caps vary state-to-state and typically apply to both economic and non-economic 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 deadlines that must be followed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The specific time limit differs by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be found to be valid in court. This stage can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. In Pennsylvania the patient is entitled to two years from the time that they realized the error. This is referred to as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This can be problematic if the medical malpractice does not cause any immediate symptoms. For instance, suppose the doctor is negligently leaving a foreign object inside the body following surgery. The patient may not realize the object until three years after the surgery. In this scenario the statute of limitations could have started beginning from the date of surgery rather than the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to present the facts of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient, the medical standards in the region and specialization for that type of physician with similar qualifications and skills and the ways the defendant deviated from those standards. The expert will also explain how the defendant's departure directly impacted the victim's injury.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor was in compliance with the standards of care. The experts could disagree however the fact-finder determines which expert is the most trustworthy.

It is preferential for an expert to working in the medical field because they will have better knowledge of current practices. Judges and jurors are likely to find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also advisable to get an expert witness that is specialized in the field of negligence. For example an expert in medical practice who is knowledgeable about treating breast cancer could make a an even more convincing case for the reason for the plaintiff's injury. A medical malpractice lawyers lawyer in Ocala will know the best experts to ask.