How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital you must prove that the defendant has breached their obligation to patients. This could include hospital and medical records.

Our lawyers have experience deposing witnesses in a professional manner. These may be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately, in some cases these standards are not met, or even violated. The consequences of this breach could be devastating.

A lawsuit may be brought against a medical professional if patients are injured or dies due to the malpractice of that doctor. To establish a case the injured person must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is defined as the act or omission of a physician that deviates from the norms of practice accepted within the medical profession, and results in injury to the patient. It is a section of tort law that is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence is distinct from regular negligence in that the victim must prove that the physician was aware that their actions could cause harm to be able to claim webster groves malpractice lawsuit, however normal negligence does not. For example the surgeon who creates a cut on a vein or nerve during surgery could be guilty of negligence but not malpractice because the doctor was not aiming to cause harm.

In a medical antigo malpractice attorney case the defendant's obligation is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and qualifications would offer in similar circumstances. The breach of duty is crucial because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered 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 such as pain and suffering.

To be able to claim damages, you must prove that the doctor breached 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 complex legal analysis that typically requires expert witness testimony.

Some of the losses can be observed quickly, for example, if a doctor's mistake resulted in an infection or any other medical condition that required further treatment. Some damages are more difficult to detect, such as when a doctor misdiagnoses your condition and you do not receive the correct treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. In these cases you are entitled to the same amount you could have gotten in a survival case, plus punitive damages.

In the majority of states, there are limitations on the amount you can recover in a Mequon Malpractice attorney case. These caps vary by state and typically apply to both economic and non-economic damages. Some states have laws that limit the time you have to wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The specific time limit differs by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be found to be valid in court. This process can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the error. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run on the date that the malpractice occurred. This can be an issue if the error doesn't immediately cause symptoms. Imagine, for example, that a doctor mistakenly left a foreign body inside the body of the patient following surgery. The patient might not find the foreign object until at least three years after surgery. In that case the statute of limitation might have started to expire from the date the surgery, not from the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, the medical guidelines for doctors with similar qualifications in their area and lodi malpractice lawsuit field, and the ways the defendant deviated from the standards. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will hire a professional to counter the plaintiff's expert and give their professional opinion about whether the doctor's treatment was consistent with requirements of medical care. It is common for the experts to differ with each other, but the factfinder decides who is the most trustworthy on their experience and education.

It is preferential for an expert to be working in the medical field, because they will have better knowledge of current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also advisable to use an expert witness that is specialized in the field of legal malpractice. For example an expert in medicine who is well versed in treating breast cancer can make an argument more convincing regarding the cause of the plaintiff's injury. A medical malpractice attorney in Ocala knows which expert witnesses to consult.