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A medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant has violated his or her duty to patients. This evidence could include medical and hospital records.
Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice or staff at a hospital or clinic.
Negligence
When a patient visits a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not met, or even breached. The consequences of this breach can be devastating.
When someone is injured or death as a result of a doctor's malpractice, they may pursue a lawsuit against the medical professional. To prove a case, an injured patient must prove four legal elements including breach of duty and damages and causation.
Malpractice is defined as an act by the doctor that is against the accepted norms of the medical profession and causes harm to the patient. It is a component of tort law, Ramonita Brewis which deals with civil wrongs, not criminal offenses or contractual duties.
Medical negligence differs from normal negligence because the injured party must prove that the physician knew or should have known that their actions would cause harm in order to prove malpractice, whereas normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to harm anyone.
In the case of medical negligence, the defendant's duty is to treat the patient in line with the standards of care a knowledgeable health professional with similar experience and training could provide in similar situations. The violation of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.
Damages
In a case of malpractice damages are calculated based upon your losses caused by a doctor's negligence. They can be a combination of financial loss such as the expense of medical treatment in the future and non-economic losses, like pain and suffering.
In order to obtain damages, you need to demonstrate that a doctor did not fulfill the law and that his deviance from the standard of care resulted in injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses are evident for instance, if a doctor made an error that led to an infection or other medical complications that required additional treatment as a result. Other losses are not as apparent, such as when your doctor misdiagnoses you and you are not able to receive the appropriate treatment.
If a doctor's error causes your death and you are unable to sue, you may be able to sue for the wrongful death. In these claims you're entitled to the same amount you would have gotten in a lawsuit for survival, plus punitive damages.
In most states, there are limits on the amount you can recover in a malpractice case. The caps differ by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit how long you can wait to file a lawsuit.
Time Limits
Like any lawsuit there are certain time frames which must be adhered to or HomePage the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The specific time limit differs by state.
It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was any malpractice and if the case will be heard in court. This can take up to a few weeks or even months.
Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania, a patient has two years from the time that they were aware of the error. This is known as the discovery rule.
In certain states, the statutes of limitations begin to run on the date on which the medical error occurred. This could be an issue if the medical mistake does not trigger any immediate symptoms. Imagine, for instance that a doctor negligently left a foreign body in the body of the patient after surgery. The patient may not be aware of the object until three years after the procedure. In this scenario, the statutes of limitations could have started running from the date of surgery, not the discovery of error.
Expert Witnesses
Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for a plaintiff will testify about the doctor's duty of providing medical care to the patient as well as the standards of medical care in the region and specialization for the type of doctor with similar qualifications and expertise and the ways the defendant departed from those standards. The expert will then explain how the departure directly caused the patient's injury.
The defendant will employ a professional to counter the plaintiff’s expert, and offer their professional opinion as to whether the doctor met the requirements of medical care. It is common for experts to differ with each with respect to their opinions, but the fact finder decides who is the most trustworthy based on their education and experience.
It is preferential for the expert to still working in the medical field since they'll have a greater understanding of current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who rely only on the testimony of a court.
It is also preferable to hire an expert witness who specializes in the field of malpractice. For instance a medical professional who is knowledgeable about treating breast cancer could make a a more convincing argument about the cause of the plaintiff's injury. A medical malpractice law firms attorney in Ocala will know which experts to speak with.
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