How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice suit against a doctor or a hospital it is necessary to prove that the defendant has breached their duty towards patients. This evidence could be a medical and hospital documents.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately, these standards are not always met or even violated. This can cause devastating results.

A lawsuit may be filed against a medical professional when an injured patient dies due to the malpractice of the physician. To prove a case the injured person must establish four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act by the doctor that is against the norms of the medical profession and causes harm to the patient. It is a part of tort law that covers civil violations and not criminal offences or contractual obligations.

Medical negligence is distinct from normal negligence in that the person who is injured must prove that the doctor was aware, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to hurt anyone.

In a case of medical malpractice the defendant is bound by an obligation to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with comparable expertise and training in similar situations would provide. The breach of duty is important because it proves that the alleged negligence caused the injury.

Damages

The damages you incur in a case of bemidji malpractice attorney are in relation to the losses you suffered due to negligence by a doctor. This could include financial losses, like future medical costs, as well as non-economic losses like pain and discomfort.

In order to recover damages, you have to prove that the doctor breached a duty of care, that the doctor's deviation from the standard resulted in injury, and the injury was measurable in terms of financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that led to an infection or other medical problem, and you needed additional treatment because of it. Certain damages are more difficult to see for instance, when doctors misdiagnose your condition and you don't receive the proper treatment.

If the negligence of your doctor causes your death or death, you can file a lawsuit for wrongful death. In these cases, you are entitled to the same amount you would have received in a lawsuit for survival in addition to punitive damages.

In a majority of states, there is a limit on what you can receive in a lawsuit for malpractice. These limits vary from state to state, and often apply to both economic and non-economic damages. Some states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The specific time limit varies by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be able to stand in court. This phase can last for weeks or months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is modified. For instance in Pennsylvania a patient must file a claim within 2 years from the date they were aware of the malpractice, or the date a reasonable person could have realized that the injury existed. This is called the discovery rule.

In some states, the statutes of limitations begin to expire on the date when the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. As an example, suppose a doctor negligently leaves an object that is foreign in the body after surgery. The patient may not discover the foreign object until three or more years after surgery. In this instance, the statutes of limitations could have been running from the date of surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical dublin malpractice law firm cases. A plaintiff's expert will testify regarding the duty of the doctor to the patient, the medical standards for physicians with similar qualifications in their area and specialization, and the ways the defendant deviated from those standards. The expert will also explain how the defendant's departure directly caused the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert, and give their professional opinion about whether the doctor's actions met the requirements of medical care. Experts may differ, but the fact-finder decides which expert is most trustworthy.

It is best for the expert to continue working in the medical field since they are more informed about current practice. Jurors and judges tend to consider professionals who are practicing more credible than experts who solely rely on the testimony of a court.

It is also better to work with an expert who is specialized in the area of malpractice. A medical professional with experience treating breast cancer, for instance, could present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which experts to consult for your case.