How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or a hospital you must establish that the defendant has violated their duty towards patients. This could include medical and hospital documents.

Our attorneys have extensive expertise in obtaining depositions that are successful. These may be doctors or other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional, they are entitled to certain standards of medical care. In some instances, these standards are not met or are even breached. This can cause devastating consequences.

A lawsuit may be filed against a medical professional if patients are injured or dies as a result of the negligence of the doctor. To establish a case the patient who has been injured must establish four legal aspects that include breach of duty, breach of duty, causation and damages.

bristol malpractice lawyer is described as an act performed by the doctor that is against the accepted norms in the medical community and causes harm to patients. It is a subset of tort law which covers civil wrongs that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence does not. For instance a surgeon who accidentally cut a vein or nerve during surgery could be considered negligent, but not malpractice as the doctor did not intend to cause harm.

In a medical malpractice case the defendant has a duty to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would provide. The violation of this duty is a crucial element since it proves that the alleged negligence caused the injury.

Damages

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

To claim damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from the standard resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or other medical problem that required additional treatment in the aftermath. Certain damages are more difficult to spot like when a doctor misdiagnoses your condition and you are unable to receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You may be able to claim punitive damages in addition the compensation you would get in a lawsuit for survival.

In many states, there are limits on the amount you can be awarded in a malpractice claim. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states have laws that limit the length of time you can wait before filing a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be observed or the case could be barred. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The exact time frame varies by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and whether it will hold up in court. This process takes months or weeks.

Medical malpractice cases are subject to different laws, and the statute of limitations is usually modified. In Pennsylvania, a patient has two years from the time that they discovered the negligence. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This could be problematic if the act does not immediately trigger symptoms. For instance, suppose that the doctor is negligently leaving an object foreign to the body after surgery. The patient may not be aware of the object until three years after the procedure. In that case the statute of limitations could have begin running from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, medical requirements for doctors who have similar qualifications in the area and specialization, and the ways in which the defendant departed from the standards. The expert will discuss how the defendant's deviance directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor met the standard of care. Experts could differ but the fact-finder will decide which expert is most reliable.

It is advisable for the expert to be still working in the medical field as they are more informed about current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also better to choose an expert who is specialized in the field of malpractice. For example an expert in medicine who is knowledgeable about treating breast cancer can provide a more convincing argument about the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know what expert witnesses to consult.