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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant violated his or her obligation to patients. This can be evidence from hospitals and medical records.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors or other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. In some instances, these standards are not met, or even breached. This can cause devastating consequences.

If someone is injured or suffers death due to a doctor's negligence, they could bring a lawsuit against the medical professional. To have a valid claim, the patient must prove that four legal elements exist such as breach of duty, causation, and damages.

Malpractice is described as an act performed by a doctor that is outside the accepted norms within the medical community and causes harm to the patient. It is a subset of tort law that addresses civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the injured party has to demonstrate 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 is not a requirement. For example the surgeon who nicks a nerve or vein during surgery could be negligent, but not malpractice as the surgeon did not intend to cause harm.

In a medical malpractice lawsuit the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with comparable expertise and training in similar situations would provide. The breach of this obligation is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered caused by a doctor's negligence. These could include both financial loss, such as the cost of future medical care as well as non-economic losses such as pain and suffering.

In order to recover damages, you need to demonstrate that a doctor did not fulfill the law, that his deviation from the standard of care led to injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that typically requires expert witness testimony.

Certain of the losses can be observed immediately, for instance when a mistake made by a doctor caused an infection or any other medical condition which required additional treatment. Other losses are not as evident, for instance, if your doctor has misdiagnosed you and you are unable to receive the proper treatment.

You can sue for wrongful death when a doctor's negligence caused your death. In these claims you're entitled to all the benefits you would have received in a survival case as well as punitive damages.

In the majority of states, there is a limit on the amount you can be awarded in a malpractice case. These caps vary by state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with any lawsuit, there are specific time limits to be adhered to or the case could be dismissed. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The deadline for filing a Malpractice Lawsuit (Shinhwaspodium.Com) varies from state to state.

The time limit can be complex, and it is crucial to speak with an attorney immediately. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be accepted in the court. This stage takes months or 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 submit a claim within two years from the date they realized the malpractice or that a reasonable person should have realized the injury existed. This is called the discovery rule.

In some states, the statutes of limitations start to run on the date when the medical error occurred. This is a problem when the malpractice does not immediately trigger 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 scenario the statute of limitation could have begin running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify about the duty of the doctor to the patient, medical requirements for doctors who have similar qualifications in their area and field, and the ways in which the defendant departed from the standard. The expert will also explain how the deviance directly contributed to the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and offer their professional opinion about whether the doctor met the standards of care. It is not uncommon for experts to disagree with one however the fact finder determines who is the most reliable based on their experience and education.

It is more beneficial for the expert to working in the medical field as they will have a more knowledge of the current practice. Jurors and judges typically consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.

It is also beneficial to use an expert witness that is specialized in the area of the malpractice. A medical professional with prior experience treating breast cancer for example, can make an argument that is convincing as to the reason for an injury. A medical malpractice lawyer in Ocala will know which experts to talk to.