How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or a hospital it is necessary to prove that the defendant has violated their duty towards patients. This evidence could be a medical and hospital documents.

Our attorneys are experienced at taking depositions that are effective for witnesses. They may be doctors, other medical professionals who are in private practice or staff at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately these standards aren't always met, or even violated. The results of this breach could be devastating.

When someone suffers injury or death due to a doctor's negligence, they could pursue a lawsuit against the medical professional. In order to file a valid claim, the patient must demonstrate that there are four legal elements present in the case: breach of duty, causation, and damages.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical field, and results in injury to the patient. It is a section of tort law that is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to harm anyone.

In a case of medical malpractice the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The violation of this duty is an essential aspect because it proves that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of Hutchinson malpractice law firm are in relation to the losses you suffered due to negligence by a doctor. This could include financial losses, including future medical costs, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you need to prove that a doctor violated the duty of care or obligation, and that his lapse from the standard of care resulted in injuries, and the damage resulted in measurable financial costs. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made a mistake that led to an infection or medical condition and you required further treatment as a result. Other damages aren't as apparent, such as when your doctor has misdiagnosed you and you're unable to receive the appropriate treatment.

You can sue wrongful death when a doctor's negligence caused your death. You can claim punitive damages in addition to the amount you would receive in a case of survival.

In a majority of states, there are restrictions to the amount you can get in a malpractice case. These caps differ from state to state, and are typically applicable to both financial and other damages. Some states also have rules that limit the length of time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be observed or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The timeframe for filing a lindon malpractice lawsuit lawsuit varies by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was malpractice and if the case will be heard in court. This process takes weeks or months.

Medical malpractice cases are governed by different laws, and the statute of limitation is usually modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they realized the negligence. This is called the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This could be problematic if the medical error does not cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body inside the body of the patient after surgery. The patient may not realize the foreign object until at least three years after surgery. In that situation, the statute of limitations might have started to begin running from the date of the surgery instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. A plaintiff's expert will testify about the duty of the doctor towards the patient, the medical guidelines for doctors with similar qualifications in their area and specialization, and the ways in which the defendant's conduct was different from the standard. The expert will describe why the defendant's omission directly caused the injury to the patient.

The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor was in compliance with the standards of care. It is not uncommon for experts to disagree with each and yet the fact finder decides who is most credible based on their experience and education.

It is best for the expert to be working in the medical field because they'll have better understanding of current practices. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who rely only on court testimony.

It is also advisable to hire an expert witness who specializes in the field of fraud. A medical professional who has prior experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. A seasoned Ocala medical oak hill malpractice lawyer attorney will know which expert witnesses to contact for your case.