How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This could include hospital and medical documents.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. In some instances, these standards are not met or are even breached. The results of this breach could be devastating.

A lawsuit may be filed against a medical professional if an injured patient suffers a death due to the negligence of the doctor. To be able to make a valid claim, the injured patient must demonstrate that four legal elements are present which include breach of duty, causation, and damages.

ogdensburg malpractice law firm is described as an act performed by a doctor that is outside the accepted norms of the medical community and causes injury to patients. It is a subset of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from regular negligence in that the victim must prove that the physician was aware that their actions could cause harm in order to be able to claim malpractice, however normal negligence does not. For example a surgeon who accidentally cuts a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In an instance of medical malpractice, the defendant's duty is to treat the patient in accordance with the standards of care that a knowledgeable health professional with similar experience and expertise could provide in similar situations. The violation of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered caused by a doctor's negligence. This can include both financial losses, including future medical bills, and non-economic damages, such as discomfort and pain.

To claim damages, you must show that the doctor breached a duty of care, that the physician's deviation from that standard resulted in injury, and the injury caused quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted quickly, for example, if a doctor's mistake caused an infection or Vimeo any other medical condition which required additional treatment. Other damages are less readily obvious, for instance if your doctor misdiagnoses you, and you are not able to receive the appropriate treatment.

You can sue for wrongful death if your doctor's negligence causes your death. In these claims, you are legally entitled to all the compensation you would have gotten in a survival lawsuit in addition to punitive damages.

In most states there are limits to the amount you can recover in a malpractice case. The caps differ by state and usually apply to both economic and non-economic damages. Some states also have rules that limit how long you can wait to start a lawsuit.

Time Limits

As with all lawsuits there are time frames which must be adhered to or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The specific time limit varies by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be able to stand in court. This stage can take several weeks or even months.

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

In some states the statutes of limitations begin to run on the date when the medical error occurred. This could be a problem if the medical error does not cause immediate symptoms. Consider, for instance, that a doctor has negligently left a foreign body in the body of a patient following 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 expire from the date the procedure, not the moment the error was discovered.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify about doctors' obligations to the patient, the medical guidelines for doctors with similar qualifications in the field as well as the specific ways the defendant deviated from those standards. The expert will explain the way in which the defendant's actions directly impacted the patient's injuries.

The defendant will employ a professional to counter the plaintiff’s expert, and provide their professional opinion about whether the doctor's treatment was consistent with requirements of medical care. It is common for experts to disagree with each and yet the fact finder determines who is the most trustworthy based on their education and experience.

It is recommended for the expert to remain working in the medical profession since they are more knowledgeable about the current practices. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also recommended to hire an expert who is specialized in the field of malpractice. A medical professional with prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A medical new castle malpractice lawsuit lawyer in Ocala will know what experts to speak with.