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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 be a hospital and medical records.
Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals working in private practice, or even staff members at a hospital or clinic.
Negligence
If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately the standards aren't always adhered to or even observed. This breach can have devastating results.
If someone is injured or suffers death due to a doctor's malpractice, they may sue the medical professional. To be able to file a valid lawsuit the patient who has been injured must establish four legal elements including breach of duty and causation and damages.
Malpractice is described as an act performed by a doctor that is outside the accepted norms in the medical field and can cause injury to a patient. It is a section of tort law that covers civil violations and not criminal offences or contractual obligations.
Medical negligence is distinct from regular negligence in that the victim must show that the doctor knew or should have known that their actions would cause harm in order to claim malpractice, but normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to hurt anyone.
In a medical malpractice case the defendant's responsibility is to treat the patient according with the standard of care that a prudent health care professional of similar experience and training would offer in similar circumstances. The breach of duty is important because it proves that the alleged negligence caused the injury.
Damages
Damages in a malpractice case are dependent on the losses you have suffered as a result of the negligence of a physician. This can include both financial losses, including future medical bills, and Malpractice Lawsuit non-economic damages such as discomfort and pain.
To recover damages, you need to prove that a doctor violated a duty, that his deviation from the standard of care resulted in injury, and the injury resulted in financial losses that are quantifiable. This is a complex legal process that usually requires expert witness testimony.
Some of the losses can be observed in a matter of minutes, for instance, if a doctor's mistake caused an infection or other medical issue which required additional treatment. Other losses are not as evident, for instance, if your doctor misdiagnoses you and you aren't able to get the correct treatment.
If your doctor's malpractice results in your death then you can sue for the cause of death. You can seek punitive damages in addition to the compensation you would get in a lawsuit for survival.
In most states, there is a limit on what you can claim in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the length of time you have to wait to start a lawsuit.
Time Limits
As with all lawsuits, there are specific time frames that must be observed or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The deadline for filing a malpractice lawsuit varies from state to state.
It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be able to stand in court. This stage takes weeks or even months.
Medical malpractice cases are governed by different laws than other types of cases and typically, Malpractice Lawsuit the statute of limitations is changed. In Pennsylvania the patient is entitled to two years from the date that they discovered the malpractice. This is known as the discovery rule.
In other states the statute of limitations starts to run from the date the malpractice occurred. This is an issue if the malpractice does not cause any immediate symptoms. For instance, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In that case the statute of limitations might have started to begin running from the date of the surgery, not from the moment the error was discovered.
Expert Witnesses
A lot of medical malpractice cases rely on expert witnesses to help present the facts of the case. An expert witness for the plaintiff will be able to testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialization for this type of doctor with similar qualifications and skills and the ways in which the defendant's actions were in violation of those standards. The expert will then describe how the deviance directly contributed to the patient's injury.
The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor met the standards of care. It is common for the experts to differ with each with respect to their opinions, but the fact finder decides who is the most trustworthy on their expertise and experience.
It is best that the expert continue to working in the medical field as they will have a better knowledge of current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than those who rely exclusively on court testimony.
It is also beneficial to hire an expert who is specialized in the field of malpractice. For instance a medical professional who is proficient in treating breast cancer can make an even more convincing case for the reason for the plaintiff's injuries. A medical malpractice attorney in Ocala knows which experts to talk to.
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