How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a physician or hospital it is necessary to prove that the defendant has breached their duty towards patients. This evidence may include medical and hospital documents.

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

Negligence

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

When someone is injured or death as a result of a physician's negligence, they can sue the medical professional. To have a valid case, the person who was injured must establish four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission of the physician that goes against the accepted norms of medicine in the medical community and inflicts harm on the patient. It is a component of tort law that addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence differs from normal negligence because the victim must show that the doctor was aware that their actions would cause harm to prove malpractice, whereas normal negligence does not. For example the surgeon who nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice since the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standards of care that a reasonably competent healthcare professional with comparable expertise and training in similar circumstances could provide. The breach of duty is significant because it proves that the negligent act caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered due to a physician's negligence. These could include both financial loss, like the expense of medical treatment in the future, and non-economic losses like suffering and pain.

To recover damages, it is necessary to prove that a doctor violated a duty or obligation, and that his lapse from the standard of care caused injury, and the injury resulted in measurable financial costs. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or other medical problem and you required further treatment in the aftermath. Other losses are not as obvious, for instance if your doctor has misdiagnosed you and you're unable to receive the right treatment.

You are able to sue for wrongful-death in the event that a negligent doctor causes your death. In these cases you are entitled to everything you would have gotten in a survival case in addition to punitive damages.

In many states, there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that limit how long beach malpractice attorney you can wait to start a lawsuit.

Time Limits

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

The time limit can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine if there was a Port Neches Malpractice Lawyer has occurred and if it will be accepted in the court. This stage takes several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is usually modified. In Pennsylvania the patient is entitled to two years from the date that they discovered the error. This is called the discovery rule.

In some states the statutes of limitations begin to expire on the date when the medical error lake city malpractice attorney occurred. This can be a problem if the medical error does not cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the surgery. In this scenario, the statutes of limitations may have started running from the date of the surgery, not the moment of identifying 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 the duty of the doctor to the patient, medical requirements for doctors who have similar qualifications in their area as well as the specific ways in which the defendant departed from the standards. The expert will discuss how the defendant's deviance directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor met the standard of care. It is common for [Redirect-303] experts to disagree with each and yet the factfinder determines who is the most trustworthy on their experience and education.

It is preferential for the expert to still working in the medical field, because they will have better understanding of current practices. Judges and jurors tend to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also preferable to have an expert witness who is skilled in the field of fraud. For instance, a medical expert who is well versed in treating breast cancer can make an even more convincing case for the cause of the plaintiff's injuries. A seasoned Ocala medical malpractice attorney will know which expert witnesses to call for your case.