How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or hospital you must establish that the defendant has violated their duty to patients. This could include hospital and medical records.

Our lawyers are adept at taking depositions that are effective for witnesses. They could be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients have a right 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 breach could have devastating results.

A lawsuit may be filed against a medical professional when a patient is injured or suffers a death due to the negligence of that doctor. To have a valid case the injured person must demonstrate four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the accepted norms of medicine in the medical community, and causes injury to the patient. It is an aspect of tort law, which deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence differs from regular negligence in that the person who is injured must prove that the physician was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In a lawsuit for medical malpractice the defendant is bound by an obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar circumstances would provide. The violation of this duty is an essential element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses as a result a doctor's negligence. These can include both actual financial loss, like the expense of medical treatment in the future and non-economic losses, like suffering and pain.

To claim damages, you must prove that the doctor violated the duty of care, that the physician's deviation from the standard caused injury, and that the injury caused quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical problem that required additional treatment due to the result. Some damages are more difficult to spot, such as when the doctor is unable to diagnose your condition and you cannot get the proper treatment.

If a doctor's error leads to your death and Vimeo.Com you are unable to sue, you may be able to sue for the wrongful death. You may seek punitive damages in addition the compensation you'd get in a lawsuit for survival.

In most states, there are restrictions on the amount you can be awarded in a malpractice claim. These caps vary from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the length of time you have to wait before filing an action.

Time Limits

Like any lawsuit, there are time limits which must be adhered to or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake was committed and if it could be able to stand in court. This phase can last for several weeks or even months.

Medical north riverside malpractice attorney cases involve different laws than other types of cases and the statute of limitations is modified. For example in Pennsylvania patients must file a claim within 2 years from the time they realized the malpractice or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In some states, the statutes of limitations begin to run from the date the medical error occurred. This can be a problem if the medical error does not cause immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the body of a patient following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In that situation, the statute of limitations might have started to run from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, medical standards for physicians with similar qualifications in the same area and specialization, and the ways that the defendant's actions were contrary to the standards. The expert will explain how the deviation directly led to the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether or not the doctor met the standards of care. The experts may disagree but the fact-finder is the one who decides which expert is the most credible.

It is preferential for the expert to working in the medical field, as they will have a better understanding of current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also better to hire an expert who is specialized in the area of sterling heights malpractice law firm. A medical expert who has prior experience treating breast cancer for instance, can present a an argument convincingly as to the reason for an injury. A medical malpractice attorney in Ocala will know what experts to speak with.