• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of experience in taking depositions that are effective. These may be doctors or other medical professionals in private practice, or staff members at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately, these standards are not always met or even complied with. This can cause devastating results.

A lawsuit may be filed against a medical professional when the patient is injured or dies as a result of the negligence of the doctor. To be able to make a valid claim, the patient must prove that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the norms of practice accepted in the medical community, and causes injury to the patient. It is a part of tort law that is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware that their actions would cause harm in order to be able to claim malpractice attorney, however normal negligence does not. For instance the surgeon who cut a vein or nerve during surgery could be found guilty of negligence but not malpractice because the surgeon did not intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standard of care that a prudent health care professional of similar experience and qualifications would provide in similar circumstances. The breach of duty is significant since it establishes that the negligent act caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you sustained as a result of negligence by a doctor. This could include financial losses, like future medical costs, as well as non-economic damages like pain and discomfort.

To be able to claim damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from the standard of care caused injury, and that this injury resulted in quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that resulted in an infection or medical condition, and you needed additional treatment due to the result. Other losses are not as evident, like when your doctor is unable to diagnose you correctly, and you're unable to receive the appropriate treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these claims you are entitled to all the benefits you would have received in a survival lawsuit as well as punitive damages.

In a majority of states, there are limits on what you can receive in a lawsuit for malpractice. These caps differ from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit the length of time you can wait before filing an action.

Time Limits

Like any lawsuit, there are time limits which must be observed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The specific time limit is different for each state.

It is important to consult an attorney as soon as you can. The law firm will investigate to determine if there was a mistake and whether the case will stand up in court. This process can take weeks or months.

Medical malpractice cases are governed by different laws and the statute of limitation is frequently altered. In Pennsylvania patients are entitled to two years from the time that they discovered the negligence. This is referred to as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be problematic if the medical error doesn't cause immediate symptoms. Imagine, for example, that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient might not find the object until three years after the surgery. In this situation, the statutes of limitations could have been in the year following the date of surgery rather than the discovery of error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert will testify about the doctor's duty to the patient, malpractice lawsuit medical standards for doctors with similar qualifications in the same area and specialty and the ways in which the defendant's conduct was different from those standards. The expert will then describe how the departure directly contributed to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion on whether the doctor was in compliance with the standards of care. It is not uncommon for experts to differ with each and yet the fact finder decides who is the most reliable based on their knowledge and experience.

It is best that the expert continue to working in the medical field, because they will have better understanding of current practices. Jurors and judges tend to consider professionals who are practicing more credible than experts who rely solely on court testimony.

It is also recommended to have an expert who specializes in the field of malpractice lawyers. A medical professional with had experience treating breast cancer for instance, could present a a convincing argument as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to refer your case.