What Do You Know About Malpractice Case?

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 duty towards patients. This evidence could include hospital and medical records.

Our lawyers have years of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals working in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately, malpractice Case in some cases these standards are not being met or even violated. This can lead to devastating consequences.

If someone is injured or suffers death as a result of a doctor's malpractice, they may file a lawsuit against the medical professional. To have a legitimate claim, the injured patient must demonstrate that there are four legal elements present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the norms of practice accepted in the medical community and causes injury to the patient. It is a component of tort law that is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the victim must prove that the doctor knew, or should have known that their actions were likely to cause harm before they can claim malpractice litigation. Normal negligence is not a requirement. For instance a surgeon who accidentally nicks a nerve or vein during surgery is negligent, but not malpractice since the doctor didn't intend to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a competent health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is significant because it shows that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses due to a doctor's negligence. This could include financial losses, including future medical expenses, as well as non-economic losses like discomfort and Malpractice Case pain.

To be able to claim damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from that standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made a mistake that led to an infection or medical condition that required additional treatment as a result. Other damage isn't as obvious, for instance if your doctor is unable to diagnose you correctly, and you are unable to receive the proper treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. You may seek punitive damages in addition to the money you'd receive in a survival lawsuit.

In most states, there are limits to the amount you can recover in a malpractice case. These limits vary from state to state and typically apply to both economic and non-economic damages. Some states have laws that limit the amount of time you have to wait before filing an action.

Time Limits

As with all lawsuits there are time frames that must be observed or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice lawyers occurred. The specific time limit differs by state.

The time limit can be complicated, so it is vital to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will be heard in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they realized the error. This is called the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice litigation occurred. This can be problematic if the medical malpractice legal does not cause any immediate symptoms. Consider, for instance, that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient may not realize the object until three years after the surgery. In that situation, the statute of limitations might have started to begin running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. The expert of the plaintiff will testify regarding the duty of the doctor to the patient, the medical guidelines for doctors who have similar qualifications in their area and specialty and the ways in which the defendant departed from the standard. The expert will explain the way in which the defendant's actions directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor was in compliance with the standards of care. Experts could differ, but the fact-finder decides which expert is most reliable.

It is more beneficial for an expert to working in the medical field because they'll have more knowledge of the current practice. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who solely rely on court testimony.

It is also better to choose an expert who has specialized in the area of malpractice. A medical expert who has experience treating breast cancer, for instance, can provide an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know which experts to speak with.