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

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This can be evidence from hospitals and medical records.

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

Negligence

When a patient goes to a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately these standards aren't always met or even complied with. The consequences of this breach could be devastating.

A lawsuit can be filed against a medical professional if a patient is injured or dies as a result of the negligence of the physician. In order to file a legitimate claim, the injured patient must prove that four legal elements exist: duty, breach of duty, causation, and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of practice in the medical community and inflicts harm on the patient. It is an aspect of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the victim must show that the doctor was aware that their actions would cause harm in order to prove malpractice, whereas normal negligence doesn't. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to harm anyone.

In a case of medical malpractice the defendant is bound by an obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with similar knowledge and experience in similar circumstances could provide. The breach of duty is important because it demonstrates that the negligence alleged caused the injury.

Damages

In a malpractice law firm case damages are calculated based on your losses due to a physician's negligence. This can include both financial losses, such as future medical bills, and non-economic losses like discomfort and pain.

In order to recover damages, you must show that the doctor violated a duty of care, that the doctor's deviation from the standard of care resulted in injury, and that this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified in a matter of minutes, for instance when a mistake made by a doctor led to an infection, or other medical complications that required further treatment. Some damage is more difficult to spot in the event that a doctor misdiagnoses your condition and you are unable to receive the correct treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. You may be able to claim punitive damages in addition to the money you'd receive in a survival suit.

In most states there are limits on the amount you can recover in a malpractice case. These caps differ from state to state and are generally applicable to both economic and other damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

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

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be able to stand in court. This phase can last for months or weeks.

Medical malpractice cases are subject to different laws and the statute of limitations is frequently altered. For example in Pennsylvania a patient must make a claim within two years from the date they discovered the malpractice or when a reasonable individual would have recognized that the harm existed. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This is problematic if the medical error does not cause immediate symptoms. For instance, suppose that doctors mistakenly leave a foreign object inside the body following surgery. The patient may not be aware of the object until three years after the procedure. In this case the statute of limitations could have started in the year following the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. A plaintiff's expert will testify regarding doctors' obligations to the patient, the medical standards for doctors who have similar qualifications in their area as well as the specific ways in which the defendant's conduct was different from those standards. The expert will explain how the deviance directly led to the injury suffered by the patient.

The defendant will hire an expert to challenge the plaintiff's expert, and provide their professional opinion as to whether the doctor was in compliance with the standards of care. Experts may differ however the fact-finder determines which expert is the most reliable.

It is preferential for the expert to be working in the medical field since they are more knowledgeable about current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely solely on the testimony of a court.

It is also beneficial to use an expert witness who specializes in the area of the fraud. For instance a medical professional who is proficient in treating breast cancer can make an argument more convincing regarding the cause of the plaintiff's injury. A medical malpractice lawyer in Ocala will know what expert witnesses to consult.