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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This evidence could include hospital and medical documents.

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

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately these standards aren't always adhered to or even observed. The consequences of this breach can be devastating.

If someone suffers injury or death as a result of a doctor's negligence, they could sue the medical professional. To be able to make a valid claim, the patient must prove that four legal elements exist: duty, breach of duty, causation, and damages.

Malpractice is defined as an act committed by doctors that goes against the accepted norms of the medical community and causes injury to the patient. It is a component of tort law that addresses civil wrongs not criminal offenses or contractual duties.

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

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with comparable expertise and training in similar situations would provide. The breach of duty is significant since it establishes that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses due to a doctor's negligence. They can be a combination of financial loss such as the cost of future medical care and non-economic losses, like pain and suffering.

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

Some of these losses are obvious for instance, if your doctor made an error that caused an infection or medical condition and you needed to seek additional treatment in the aftermath. Some damages are more difficult to see like when a doctor misdiagnoses your condition and you cannot get the proper treatment.

You can sue wrongful death if your doctor's negligence causes your death. You may seek punitive damages in addition the compensation you'd receive in a case of survival.

In many states, there are limits on what you can receive in a lawsuit for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case could be barred. A Malpractice (Http://0522445518.Ussoft.Kr/G5-5.0.13/Bbs/Board.Php?Bo_Table=Board01&Wr_Id=875592) suit must typically be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

The time limit can be complicated and it is important to speak with a lawyer right away. The law firm will investigate to determine if there was any malpractice and if the case will be heard in court. This stage takes weeks or months.

Medical malpractice cases are governed by different laws and malpractice the statute of limitations is often altered. For example in Pennsylvania the patient must make a claim within two years from the date they were aware of the malpractice, or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In certain states the statutes of limitations begin to run on the date the malpractice occurred. This can be a problem if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign object in the body of a patient following surgery. The patient may not realize the object until three years after the surgery. In this case the statute of limitations could have begun at the time of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice attorney cases. A plaintiff's expert witness will discuss the doctor's obligation of care to the patient as well as the standards of medical care in the area and the specialization for doctors with the same qualifications and experience and the ways the defendant departed from the standards. The expert will describe the way in which the defendant's actions directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standards of care. The experts may disagree however the fact-finder determines which expert is most trustworthy.

It is preferential for the expert to be working in the medical field because they are more knowledgeable about the current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than those who rely exclusively on the testimony of a court.

It is also better to have an expert who has specialized in the field of malpractice. For example an expert in medicine who is experienced in treating breast cancer can make a more convincing argument about the reason for the plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will be aware of which expert witnesses to call for your case.