How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or a hospital it is necessary to prove that the defendant has breached their obligation to patients. This evidence can include hospital and medical records.

Our lawyers are adept at conducting effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

When a patient goes to a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, in some instances these standards are not adhered to or even breached. This breach can have devastating consequences.

A lawsuit may be filed against a medical professional if an injured patient dies due to the malpractice of that doctor. In order to file a valid claim, the injured patient must prove that there are four legal elements present such as breach of duty, causation and damages.

Malpractice can be described as an act performed by a doctor that is outside the accepted norms of the medical field and can cause injury to a patient. It is a subset of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standards of care that a reasonably prudent healthcare professional with the same experience and training in similar situations would provide. The violation of this duty is a crucial element since it proves that the alleged negligence caused the injury.

Damages

Damages in a shafter malpractice law firm case are based on the losses you suffered as a result of negligence by a doctor. This can include both financial losses, including future medical costs, as well as non-economic losses like pain and discomfort.

To be able to claim damages, you must prove that the doctor breached the duty of care, that the doctor's deviation from the standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that caused an infection or other medical complications and you needed to seek additional treatment in the aftermath. Certain damages are more difficult to spot like when doctors misdiagnose your condition and you do not receive the proper treatment.

If the negligence of your doctor results in your death then you can sue for the cause of death. You may be able to claim punitive damages in addition to the money you would receive in a survival lawsuit.

In many states, there are limits to the amount you can get in a malpractice claim. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states have laws that limit the time you have to wait before filing an action.

Time Limits

As with all lawsuits there are certain time frames that must be observed or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The deadline varies according to 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 was any malpractice and whether the case will stand up in court. This stage takes weeks or months.

Medical malpractice cases are subject to different laws and the statute of limitations is often modified. For instance in Pennsylvania a patient must make a claim within two years from the date they were aware of the Sturgis malpractice Attorney, or when a reasonable individual would have known that the harm existed. This is known as the discovery rule.

In some states the statutes of limitations begin to run from the date that the medical error occurred. This can be problematic if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of the patient after surgery. The patient might not find the object until three years after the surgery. In that case, the statute of limitations could have begin running from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, medical requirements for doctors with similar qualifications in the field and specialty and the ways that the defendant's actions were contrary to the standards. The expert will explain how the defendant's departure directly impacted the patient's injuries.

The defendant will employ an expert to challenge the plaintiff's expert and then provide their professional opinion about whether the doctor's actions met the guidelines of care. The experts could disagree but the fact-finder is the one who decides which expert is the most trustworthy.

It is more beneficial for the expert to working in the medical field as they will have a greater understanding of current practice. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also recommended to have an expert who has specialized in the area of malpractice. A medical expert with experience treating breast cancer, for example, can make an argument convincingly as to the cause of an injury. A medical el dorado malpractice lawyer attorney in Ocala will know which experts to talk to.