How to File a Medical Malpractice Lawsuit

To bring a medical Ville Platte Malpractice Law Firm suit against a doctor or hospital, you must have evidence that the defendant has violated their duty to patients. This could include hospital and medical records.

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

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, these standards are not always met or even complied with. The results of this breach could be devastating.

When someone suffers injury or death as a result of a physician's malpractice, they may pursue a lawsuit against the medical professional. To be able to file a valid lawsuit, the person who was injured must prove four legal elements: duty, breach, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is a component of tort law, which covers civil violations, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the victim must demonstrate that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence but not negligence. This is because the surgeon didn't intend to hurt anyone.

In a case of medical malpractice the defendant is under a legal obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances could provide. The breach of duty is important because it demonstrates that the negligent act caused the injury.

Damages

In a morristown malpractice law firm lawsuit, damages are dependent on the losses you have suffered as a result of the negligence of a doctor. This can include both financial losses, such as future medical costs, as well as non-economic losses like pain and discomfort.

To recover damages, you must show that the doctor did not fulfill the duty of care, that the doctor's deviation from that standard resulted in injury, and this injury had quantifiable monetary consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses can be identified in a matter of minutes, for instance an error by a doctor caused an infection or other medical issues that required additional treatment. Other damages are less readily apparent, such as when your doctor misdiagnoses you, and you're unable to receive the proper treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. You may be able to claim punitive damages in addition the compensation you'd receive in a survival suit.

In most states, there are limitations on the amount you can recover in a legal case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit, there are specific deadlines to be adhered to or the case may be barred. A malpractice lawsuit must generally be filed between two and six years after the act occurred. The specific time limit differs by state.

The time limit can be complex and it is essential to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will hold up in court. This stage takes weeks or months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is extended. In Pennsylvania patients are entitled to two years from the date that they were aware of the negligence. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This could be an issue if the error doesn't cause immediate symptoms. For example, suppose the doctor is negligently leaving a foreign object in the body following 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 surgery, not from the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on experts to clarify the facts of the case. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of taking care of the patient and the medical standards applicable to the area and the specialization for this type of doctor with similar qualifications and expertise and the manner in which the defendant violated those standards. The expert will discuss how the defendant's departure directly caused the injury to the patient.

The defendant will engage a professional to counter the plaintiff's expert, and give their professional opinion as to whether the doctor was in compliance with the standards of care. Experts may differ however the fact-finder determines which expert is most trustworthy.

It is preferential for the expert to be still working in the medical field because they are more informed about current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also recommended to have an expert who is specialized in the area of malpractice. A medical professional with had experience treating breast cancer for instance, can present a an argument that is convincing regarding the reason for an injury. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to refer your case.