How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a hospital or doctor you must prove that the defendant has violated their duty towards patients. This evidence may include medical and hospital records.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. However, in a few instances these standards are not adhered to or even breached. The consequences of this breach can be devastating.

A lawsuit may be filed against a medical professional if patients are injured or dies due to the malpractice of the doctor. To have a valid claim, the patient must prove that four legal elements exist such as breach of duty, causation, and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of practice in the medical community and causes injury to the patient. It is a part of tort law, which covers civil violations not criminal offenses or contractual duties.

Medical negligence is different from normal negligence in that the person who is injured must demonstrate that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For instance a surgeon who accidentally cuts a vein or nerve during surgery could be found negligent, but not malpractice as the doctor did not intend to cause harm.

In a medical malpractice case the defendant is bound by a legal obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar experience and education in similar circumstances could provide. The breach of duty is important because it proves that the negligent act caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses due to a doctor's negligence. This can include both financial losses, including future medical costs, rittman Malpractice attorney as well as non-economic damages, such as pain and discomfort.

To claim damages, you must prove that the doctor violated the duty of care, that the physician's deviation from the norm resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted immediately, for instance, if a doctor's mistake led to an infection, or other medical complications that required additional treatment. Other damages are less readily evident, like when your doctor misdiagnoses you, and you're unable to get the correct treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. In these cases you are entitled to everything you would have received in a survival action as well as punitive damages.

In most states, there are restrictions on the amount you can be awarded in a rittman malpractice Attorney case. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to, or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The time frame varies by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake was committed and if it could hold up in court. This can take months or even weeks.

Medical malpractice cases are governed by different laws than other types of cases and the statute of limitations is extended. In Pennsylvania patients are entitled to two years from the time when they first discovered the error. This is called the discovery rule.

In some states the statutes of limitation begin to expire on the date when the medical error occurred. This can be an issue if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient may not realize the object until three years after the procedure. In this situation the statute of limitations could have started beginning from the date of the surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. Expert witnesses for plaintiffs will testify about the doctor's duty of treating the patient with respect and the medical standards for the area and the specialization for this type of doctor with similar qualifications and skills and the ways in which the defendant departed from those standards. The expert will discuss how the defendant's departure directly caused the injury to the patient.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion on whether the doctor was in compliance with the standards of care. Experts could differ, but the fact-finder decides which expert is the most reliable.

It is preferential for the expert to still working in the medical field since they'll have a better understanding of current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose only source of income is testimony in court.

It is also advisable to have an expert witness who specializes in the field of legal celina malpractice law firm. For example, a medical expert who is experienced in dealing with breast cancer can present a a more convincing argument about the reason for a plaintiff's injury. A medical malpractice attorney in Ocala will know what experts to talk to.