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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her duty to patients. This evidence can include hospital and medical documents.

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

Negligence

When a patient visits a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, these standards are not always met, or even violated. This can cause devastating results.

If someone suffers injury or death as a result of a doctor's negligence, they can file a lawsuit against the medical professional. To have a valid case the patient who has been injured must establish four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an action by a doctor that is outside the accepted norms within the medical field and can cause harm to a patient. It is a subset of tort law that deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware, or should have known that their actions were likely to cause harm before they are able to claim schertz malpractice law Firm. Normal negligence is not a requirement. For instance the surgeon who nicks a nerve or vein during surgery could be negligent, but not malpractice because the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant is bound by the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances could provide. The violation of this duty is an essential element because it demonstrates that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you suffered as a result of the negligence of a physician. These could include both financial loss, such as the cost of future medical expenses, and non-economic losses like pain and suffering.

To be able to claim damages, you need to show that a doctor has violated an obligation, that his deviation from the standard of care caused injuries, and the damage had quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical complications and you needed to seek additional treatment as a result. Certain damages are more difficult to detect like when a doctor misdiagnoses your condition and you don't receive the right treatment.

You can sue for wrongful death if your doctor's negligence causes your death. In these cases, you are entitled to the same amount you would have received in a lawsuit for survival, plus punitive damages.

In most states there are limits to the amount you can recover in a legal case. The caps differ from state to state and are often applicable to both financial and other damages. Certain states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to, or the case could be dismissed. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The deadline varies according to state.

The time limit can be complex, and it is crucial to consult a lawyer immediately. The law firm will conduct an investigation to determine if there were any mistakes and if the case could be heard in the court. This stage takes several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. For example in Pennsylvania patients must make a claim within two years from the time they discovered the moreno valley malpractice lawyer or that a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run from the date the malpractice occurred. This is a problem when the malpractice does not immediately cause symptoms. Imagine, for instance, that a doctor mistakenly left a foreign object in the body of the patient following surgery. The patient might not discover the object until three years after the procedure. In this instance the statute of limitations may have started running from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the details of the case. A plaintiff's expert will testify regarding the duty of the doctor towards the patient, medical guidelines for doctors with similar qualifications in the area and specialization, and the ways in which the defendant departed from those standards. The expert will also explain how the defendant's deviance directly caused the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert and offer their professional opinion as to whether the doctor was in compliance with the standards of care. The experts could disagree, but the fact-finder decides which expert is most credible.

It is best for the expert to continue working in the medical field since they are more knowledgeable about current practices. Judges and jurors are likely to find practicing professionals more credible than experts who rely only on court testimony.

It is also beneficial to hire an expert witness who specializes in the field of fraud. A medical professional who has expertise in treating breast cancer, for instance, could present a a convincing argument as to the cause of an injury. A knowledgeable Ocala medical peru malpractice law firm lawyer will know which experts to refer your case.