The People Closest To Malpractice Case Share Some Big Secrets

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This evidence can include hospital and medical records.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are 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 hospital, doctor or health professional. In some instances, these standards are not adhered to or even breached. This can cause devastating results.

A lawsuit may be brought against a medical professional if the patient is injured or dies because of the negligence of the doctor. To have a valid case the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice can be defined as an action by an individual doctor that is not in line with the accepted norms within the medical field and can cause harm to a patient. It is a part of tort law, which deals with civil wrongs and not criminal offences or contractual duties.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware that their actions could cause harm in order to claim malpractice, but normal negligence doesn't. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In a medical st bernard malpractice attorney case the defendant's responsibility is to treat the patient in line with the standards of care that a reasonably qualified health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is important because it shows 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 could include financial losses, like future medical bills, and non-economic losses like discomfort and pain.

In order to obtain damages, it is necessary to show that a doctor has violated a duty and that his deviance from the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified immediately, for example when a mistake made by a doctor led to an infection, or other medical complications that required additional treatment. Other damages are less readily obvious, for instance if your doctor misdiagnoses you and you are not able to receive the right treatment.

If a medical professional's negligence causes you to die and you are unable to sue, you may be able to sue for the wrongful death. In these cases, you are entitled to everything you would have gotten in a lawsuit for survival as well as punitive damages.

In most states there are limits on the amount you can recover in a legal case. The caps differ by state, and often apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with all lawsuits there are certain time limits that must be observed or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The exact time frame is different for each state.

The time period can be complex, and it is crucial to consult a lawyer right away. The law firm will conduct an investigation to determine if there was a mistake and if the case could be heard in court. This process can take weeks or months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is extended. For instance in Pennsylvania the patient must submit a claim within two years from the date they discovered the malpractice or the date a reasonable person would have recognized that the harm existed. This is referred to as the discovery rule.

In certain states the statutes of limitations start to run on the date when the medical error occurred. This can be problematic if the medical malpractice does not cause any immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient might not find the object until three years after the procedure. In this situation the statute of limitations could have been at the time of surgery rather than the discovery of error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient and the medical standards for the area and in the specialty of doctors with similar qualifications and skills and the ways that the defendant violated the standards. The expert will describe the way in which the defendant's actions directly caused the injury to the patient.

The defendant will contract an expert to challenge the plaintiff’s expert, and offer their professional opinion about whether the doctor met the standards of care. The experts could disagree but the fact-finder will decide which expert is the most credible.

It is best for the expert to continue working in the medical field since they are more informed about current practice. Judges and jurors often consider practicing professionals more believable than experts whose only source of income is testifying in court.

It is also advisable to have an expert witness who specializes in the field of fraud. A medical professional with had experience treating breast cancer for instance, can present a an argument that is convincing regarding the reason for an injury. A medical malpractice lawyer in Ocala will know the best experts to ask.