How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This evidence may include hospital and medical records.

Our lawyers are adept at deposing witnesses in a professional manner. They may be doctors, other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately the standards aren’t always adhered to or even observed. This can lead to devastating consequences.

A lawsuit can be brought against a medical professional when an injured patient dies because of the negligence of that doctor. To be able to make a valid claim, the 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 the physician that goes against the accepted norms of practice in the medical community and results in injury to the patient. It is a subset of tort law, which deals with civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured 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. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to hurt anyone.

In the event of a medical malpractice lawsuit, the defendant’s duty is to treat the patient in accordance with the standards of care that a reasonably competent health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is significant because it shows that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you have suffered as a result of the negligence of a physician. This could include financial losses, like future medical bills, and non-economic damages, such as pain and discomfort.

To recover 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 that the injury resulted in financial losses that are quantifiable. This is a complex legal process that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment due to the result. Other damages are less readily evident, like when your doctor misdiagnoses you and you’re unable to get the correct treatment.

You may sue for wrongful deaths when a doctor’s negligence caused your death. In these claims you are entitled to everything you could have gotten in a survival case and punitive damages.

In most states, there are limits on the amount you can recover in a valley park malpractice attorney case. The caps differ from state to state and are usually applicable to both financial and other damages. Some states have laws that limit how long you can delay before filing an action.

Time Limits

Like any lawsuit, there are time limits which must be followed or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The timeframe for filing a malpractice lawsuit is different for each state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was any malpractice and if the case can stand up in the court. This phase can last for months or even weeks.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is altered. For instance, in Pennsylvania the patient has to file a claim within 2 years from the day they realized the malpractice or when a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run from the date when the medical error occurred. This can be a problem if the medical error doesn’t cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body in the body of a patient following surgery. The patient might not discover the object until three years after the procedure. In this situation, the statutes of limitations may have started in the year following the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical hudson malpractice attorney cases. Expert witnesses for plaintiffs 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 doctors with similar qualifications and skills and the ways in which the defendant’s actions were in violation of the standards. The expert will also explain how the deviation directly caused the patient’s injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and then provide their professional opinion on whether the doctor’s treatment was consistent with standards of care. Experts could differ however the fact-finder determines which expert is the most trustworthy.

It is best for the expert to working in the medical field as they will have a greater understanding of current practice. Jurors and judges tend to find practicing professionals more credible than experts who rely solely on court testimony.

It is also recommended to work with an expert who specializes in the field of malpractice. A medical expert with had experience treating breast cancer for instance, could present a a convincing argument as to the cause of an injury. A knowledgeable Ocala medical villa park malpractice law Firm attorney will be aware of which expert witnesses to consult for your case.