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How to File a Medical Malpractice Lawsuit

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

Our lawyers have experience deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice or work at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately the standards aren't always met or even violated. This breach could have devastating results.

A lawsuit can be brought against a medical professional when an injured patient dies because of the negligence of the doctor. To have a valid claim, the patient must prove that four legal elements are present such as breach of duty, causation and damages.

malpractice lawyer can be defined as an act by doctors that goes against the accepted norms within the medical community and causes injury to the patient. It is a component of tort law, which addresses civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from normal negligence because the victim must prove that the doctor was aware or ought to have known that their actions would cause harm to assert malpractice litigation, however normal negligence is not required. For instance a surgeon who accidentally cut a vein or nerve during surgery would be considered negligent, but not malpractice because the surgeon did not intend to cause harm.

In a medical malpractice case the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same expertise and training in similar circumstances would provide. The breach of this duty is an essential aspect because it proves that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you sustained as a result of the negligence of a physician. This can include both financial losses, like future medical expenses, as well as non-economic damages like discomfort and pain.

In order to obtain damages, it is essential to prove that a doctor Malpractice claim violated the duty of care and that his violation of the standard of care caused injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for example an error by a doctor led to an infection, or other medical issues that required additional treatment. Some damage is more difficult to see in the event that the doctor is unable to diagnose your condition and you cannot get the correct treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these claims you are entitled to the same amount you could have gotten in a survival lawsuit in addition to punitive damages.

In most states, there are limitations on what you can receive in a malpractice claim. These caps differ from state to state, and are typically applicable to both financial and other damages. Some states have laws that limit how long you have to wait before filing an action.

Time Limits

As with all lawsuits there are certain time frames which must be adhered to or the case could be barred. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The time frame varies by state.

The time frame can be complicated and it is important to consult a lawyer immediately. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will hold up in court. This phase can last for several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is altered. For instance, in Pennsylvania the patient has to file a claim within 2 years from the time they discovered the malpractice or the date a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice litigation happened. This could be an issue if the mistake does not trigger any immediate symptoms. As an example, suppose a doctor negligently leaves a foreign object inside the body following surgery. The patient might not discover the object until three years after the surgery. In that case, the statute of limitations could have run from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Many medical malpractice attorneys cases depend on expert witnesses to present the facts of the case. The expert of the plaintiff will testify on the duty of the doctor to the patient, the medical standards for doctors who have similar qualifications in the area and specialty and the ways in which the defendant departed from the standard. The expert will then describe how the deviation directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor was able to provide the required care. The experts may disagree but the fact-finder will decide which expert is most reliable.

It is recommended for the expert to be working in the medical field as they are more knowledgeable about the current practices. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is testimony in court.

It is also recommended to have an expert who has specialized in the field of malpractice. A medical professional with expertise in treating breast cancer, for Malpractice Claim instance, can present a a convincing argument as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will be aware of the experts to refer your case.