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How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant violated his or her duty to patients. This evidence could be a medical and hospital records.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors, other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately, in some cases these standards are not being met or even breached. The consequences of this breach can be devastating.

When someone suffers injury or death as a result of a doctor's negligence, they can pursue a lawsuit against the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements are present in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of medical practice in the medical field, and can cause injury to the patient. It is a section of tort law, which addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence differs from normal negligence because the injured party must prove that the physician was aware or ought to have known that their actions would cause harm in order to claim malpractice, but normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to cause harm to anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in line with the standards of care that a competent health professional with similar experience and training could provide in similar situations. The violation of this duty is a critical element because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you suffered as a result of the negligence of a doctor. This can include both financial losses, like future medical costs, as well as non-economic losses like pain and discomfort.

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill a duty and that his violation of the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that resulted in an infection or medical condition and you required further treatment due to the result. Some damages are more difficult to detect like when a doctor misdiagnoses your condition and you cannot get the correct treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for wrongful death. You may seek punitive damages in addition to the compensation you'd receive in a survival lawsuit.

In the majority of states, there are limits to the amount you can recover in a legal case. These caps vary from state to state, and are typically applicable to both economic and other damages. Certain states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific deadlines to be adhered to or the case will be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was malpractice and if the case can be heard in court. This phase can last for up to a few weeks or even months.

Medical minneapolis malpractice lawsuit cases are subject to different laws and the statute of limitations is often modified. For example, in Pennsylvania the patient must file a claim within two years from the day they realized the texas city malpractice law firm or the date a reasonable person would have recognized that the harm existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This is a problem when the malpractice does not immediately trigger symptoms. As an example, suppose doctors mistakenly leave an object that is foreign in the body following surgery. The patient may not realize the foreign object until at least three years after surgery. In that case the statute of limitation might have started to start running from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help explain the details of the case. Expert witnesses for plaintiffs will be able to testify about 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 the defendant deviated from those standards. The expert will explain how the departure directly caused the patient's injury.

The defendant will engage a professional to counter the plaintiff’s expert, and offer their professional opinion about whether the doctor was in compliance with the guidelines of care. Experts may differ but the fact-finder will decide which expert is the most credible.

It is better for the expert to still be working in the medical field, as they will have a greater understanding of current practice. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also preferable to get an expert witness who has expertise in the field of malpractice. For example an expert in medical practice who is well versed in treating breast cancer can provide an argument that is more convincing about the cause of an injury suffered by a plaintiff. A medical seminole malpractice lawsuit lawyer in Ocala will know which experts to ask.