How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant acted in breach of his or her obligation to patients. This evidence could be a medical and hospital records.

Our lawyers have years of experience in taking effective depositions. They may be doctors, other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

Patients have the right to receive certain standards of care when they visit a doctor, hospital or health care professional. However, in a few instances these standards are not adhered to or even breached. The results of this breach can be devastating.

When someone suffers injury or death as a result of a doctor's negligence, they could bring a lawsuit against the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements are present which include breach of duty, causation and damages.

kennesaw malpractice attorney is defined as an action by the doctor that is against the norms of the medical community and causes injury to a patient. It is a section of tort law that addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm in order to be able to claim loomis malpractice Lawyer, however normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to hurt anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a reasonably prudent health care professional of similar experience and training could provide in similar situations. The violation of this duty is a crucial aspect because it proves that the alleged negligent behavior caused the injury.

Damages

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

In order to recover damages, you must show that the doctor violated a duty of care, that the doctor's deviation from the norm resulted in injury, and that this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for instance when a mistake made by a doctor resulted in an infection or other medical complications that required additional treatment. Certain damages are more difficult to see in the event that an expert misdiagnoses your illness and you cannot get the right treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for the cause of death. In these cases you are entitled to the same amount you could have gotten in a lawsuit for survival as well as punitive damages.

In many states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and are generally applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to bring a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case may be barred. A kenneth city malpractice law firm lawsuit should generally be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and if it will hold up in the court. This process takes several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitation is altered. For example in Pennsylvania the patient must file a claim within two years from the day they realized the malpractice or when a reasonable individual would have known that the harm existed. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date when the medical error occurred. This can be problematic if the medical mistake does not trigger any immediate symptoms. For example, suppose a doctor negligently leaves an object that is foreign in the body after surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In this case, the statute of limitations could have begun to run from the date of the surgery instead of the 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 be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the area and in the specialty of that type of physician with similar qualifications and skills and the manner in which the defendant deviated from the standards. The expert will also explain how the departure directly contributed to the injury suffered by the patient.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion about whether the doctor met the standards of care. It is common for the experts to disagree with one however the factfinder decides who is the most trustworthy based on their expertise and experience.

It is recommended for the expert to be working in the medical profession since they are more knowledgeable about current practices. Judges and jurors are likely to find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also recommended to have an expert who has specialized in the field of malpractice. For instance a medical professional who is proficient in dealing with breast cancer can present a an argument that is more convincing about the reason for a plaintiff's injury. A seasoned Ocala medical malpractice attorney will know which experts to contact for your case.