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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her obligation to patients. This evidence could be a hospital and malpractice lawsuit medical documents.

Our lawyers have years of experience in taking effective depositions. They could be doctors or other medical professionals in private practice, or working at a clinic or malpractice lawsuit hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately the standards aren't always met or even complied with. This can lead to devastating results.

If someone suffers injury or death due to a doctor's malpractice, they may pursue a lawsuit against the medical professional. To be able to file a valid lawsuit, the person who was injured must establish four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act committed by a doctor that is outside the accepted norms in the medical profession and results in harm to the patient. It is an aspect of tort law that deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence is distinct from normal negligence in that the victim must prove that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be negligent, but not malpractice because the surgeon did not intend to cause harm.

In the case of medical negligence, the defendant's duty is to treat the patient according with the standards of care that a reasonably qualified health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is crucial because it demonstrates that the negligence alleged caused the injury.

Damages

The damages you incur in a case of malpractice are in relation to the losses you sustained as a result of a doctor's negligence. These can include both actual financial loss such as the costs of future medical treatment as well as non-economic losses like suffering and pain.

To recover damages, you need to show that a doctor has violated a duty or obligation, and that his lapse from the standard of care caused injury, 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 obvious for instance, if a doctor made a mistake that led to an infection or medical condition, and you needed additional treatment due to the result. Some damages are more difficult to spot, such as when doctors misdiagnose your condition and you don't receive the proper treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. You may be able to claim punitive damages in addition to the money you would receive in a case of survival.

In many states, there are limits to the amount you can recover in a legal case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that limit how long you can wait to make a claim.

Time Limits

As with all lawsuits, there are time limits which must be followed or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The timeframe for filing a malpractice law firm lawsuit varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in the court. This process takes weeks or even months.

Medical malpractice law firms cases involve different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania the patient is entitled to two years from the date that they were aware of the error. This is known as the discovery rule.

In certain states the statutes of limitations begin to run on the date when the medical error occurred. This is an issue if the error doesn't immediately cause symptoms. For example, suppose the doctor is negligently leaving an object that is foreign in the body after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In this case the statute of limitations may have started at the time of surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify on the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in the field and specialty and the ways that the defendant's actions were contrary to the standards. The expert will describe why the defendant's omission directly impacted the patient's injuries.

The defendant will contract an expert to challenge the plaintiff's expert, and provide their professional opinion regarding whether the doctor's treatment was consistent with requirements of medical care. It is not uncommon for experts to differ with each however the factfinder determines who is the most trustworthy on their education and experience.

It is recommended for the expert to remain working in the medical field as they are more knowledgeable about current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose only source of income is the testifying in court.

It is also recommended to hire an expert witness that is specialized in the field of fraud. For example a medical professional who is proficient in treating breast cancer can provide a more convincing argument about the cause of the plaintiff's injury. A medical malpractice attorney in Ocala knows which experts to talk to.