How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a physician or hospital, you must have evidence that the defendant has violated their obligation to patients. This evidence could include hospital and medical documents.

Our lawyers have experience deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice or work at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, in some instances these standards are not met, or even breached. This can lead to devastating results.

When someone suffers injury or death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must prove that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by a physician that deviates from the accepted norms of medicine in the medical community, and causes injury to the patient. It is a subset of tort law which covers civil wrongs that aren't legally binding or criminal in nature.

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 to be able to claim malpractice, however normal negligence doesn't. For example a surgeon who accidentally creates a cut on a vein or nerve during surgery would be in the wrong of negligence, but not malpractice since the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient according with the standard of care that a qualified health professional with similar experience and expertise could provide in similar situations. The breach of duty is important because it proves that the negligence alleged caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you suffered as a result of negligence by a doctor. These can include both actual financial loss such as the expense of medical treatment in the future, and non-economic losses like suffering and pain.

In order to recover damages, it is essential to show that a doctor has violated a duty and that his violation of the standard of care led to injuries, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that caused an infection or medical condition and you required further treatment because of it. Other damages aren't as evident, for instance, if your doctor misdiagnoses you, and you're unable to receive the proper treatment.

You can sue for wrongful death if your doctor's negligence causes your death. In these claims you're legally entitled to all the compensation you would have received in a lawsuit for survival, plus punitive damages.

In the majority of states, there are limitations on what you can receive in a malpractice case. These caps vary from state to state and are generally applicable to both financial and other damages. Some states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to, or the case may be barred. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The specific time limit is different for each 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 has occurred and if it will be able to stand in court. This process can take months or even weeks.

Medical pewaukee malpractice law firm cases have different laws than other types of cases, and typically, the statute of limitations is changed. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the error. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This could be problematic if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient might not find the object until three years after the surgery. In that case the statute of limitation could have begun to begin running from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical flower hill malpractice law firm cases. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards applicable to the region and specialization for this type of doctor flower hill malpractice law Firm with the same qualifications and experience and the ways that the defendant violated those standards. The expert will then describe how the deviance directly contributed to the injury of the patient.

The defendant will engage an expert to challenge the plaintiff's expert, and offer their professional opinion as to whether the doctor was able to provide the required care. It is common for the experts to disagree with one however the fact finder determines who is the most trustworthy on their education and experience.

It is better for the expert to still working in the medical field as they will have a better knowledge of current practices. Judges and jurors are likely to find practicing professionals more credible than experts who rely solely on the testimony of a court.

It is also preferable to hire an expert witness that is specialized in the area of the negligence. For instance, a medical expert who is well versed in treating breast cancer can make a more convincing argument about the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know the best experts to talk to.