How to File a Medical Malpractice Lawsuit

To bring an action for medical south lyon malpractice law firm against a physician or hospital you must establish that the defendant has violated their duty to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They may be doctors, other medical professionals in private practice or work at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately, these standards are not always met, or even violated. This can lead to devastating results.

When someone is injured or death as a result of a physician's negligence, they can bring a lawsuit against the medical professional. To have a valid case the patient who has been injured must establish four legal aspects that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of medicine within the medical profession, and can cause injury to the patient. It is an aspect of tort law which covers civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the victim has to prove that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. For example the surgeon who cuts a vein or nerve during surgery is guilty of negligence but not malpractice as the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standard of care a reasonably prudent healthcare professional with similar knowledge and experience in similar circumstances could provide. The breach of duty is significant because it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered due to a physician's negligence. They can be a combination of financial losses, such as the cost of future medical care, and non-economic losses such as suffering and pain.

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

Some of these losses are evident like when your doctor made an error that caused an infection or medical condition that required additional treatment in the aftermath. Certain damages are more difficult to see, such as when a doctor misdiagnoses your condition and you are unable to receive the correct treatment.

If the negligence of your doctor leads to your death and you are unable to sue, you may be able to sue for wrongful death. In these cases, you are entitled to all the benefits you could have gotten in a survival case, plus punitive damages.

In many states, there are limits on the amount you can recover in a legal case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The timeframe for filing a malpractice lawsuit is different for each state.

It is crucial to consult 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 the court. This process can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is changed. For example in Pennsylvania a patient must file a claim within 2 years from the date they were aware of the malpractice, or when a reasonable individual would have known that the harm existed. This is known as the discovery rule.

In certain states the statutes of limitations start to run on the date when the malpractice occurred. This is an issue when the mistake does not immediately trigger symptoms. Imagine, for example, that a doctor erroneously left a foreign body in the body of a patient following surgery. The patient might not find the object until three years after the surgery. In this scenario, the statutes of limitations could have started at the time of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify about the duty of the doctor to the patient, medical standards for doctors who have similar qualifications in the area and specialization, and the ways in which the defendant departed from the standards. The expert will then describe how the departure directly contributed to the injury suffered by the patient.

The defendant will hire a professional to counter the plaintiff’s expert, and then provide their professional opinion about whether the doctor met the guidelines of care. It is common for experts to disagree with one other, but the fact finder decides who is the most reliable based on their experience and education.

It is better for the expert to still working in the medical field because they will have better knowledge of current practices. Jurors and judges often find practicing professionals more credible than experts whose only source of income is testimony in court.

It is also advisable to get an expert witness that is specialized in the area of the legal plainfield malpractice law firm. For instance, a medical expert who is knowledgeable about treating breast cancer can provide an argument that is more convincing about the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know which experts to speak with.