A Peek Into The Secrets Of Malpractice Case

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor requires proof that the defendant violated his or her duty to patients. This evidence may include medical and hospital documents.

Our lawyers are skilled at conducting effective depositions of witnesses. They may be doctors, other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. However, in a few instances these standards are not being met or even violated. The results of this breach can be devastating.

When someone is injured or death as a result of a doctor's malpractice, they may bring a lawsuit against the medical professional. In order to have a valid claim, the patient must demonstrate that there are four legal elements in place which include breach of duty, causation and damages.

Malpractice is defined as an act or omission of the physician that goes against the accepted norms of practice within the medical profession, and can cause injury to the patient. It is a subset of tort law which covers civil wrongs that are not contractual duties or criminal offenses.

Medical negligence differs from regular negligence in that the victim has to demonstrate that the doctor knew, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For example a surgeon who accidentally nicks a nerve or vein during surgery is considered negligent, but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice lawsuit the defendant has a duty to treat the patient according to the standard of care a reasonably competent healthcare professional with comparable experience and training in similar situations would provide. The breach of this duty is a critical aspect because it proves that the alleged negligence caused the injury.

Damages

In a torrington malpractice lawsuit lawsuit, damages are determined by the losses you sustained due to the negligence of a doctor. These can include both actual financial loss such as the cost of future medical care, and non-economic losses such as pain and suffering.

In order to obtain damages, it is necessary to establish that a doctor acted in violation of a duty or obligation, and that his lapse from the standard of care resulted in injuries, firm and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be seen immediately, for example an error by a doctor caused an infection or other medical issues which required additional treatment. Some damages are more difficult to see in the event that the doctor is unable to diagnose your condition and you cannot get the proper treatment.

If the negligence of your doctor causes your death, you can sue for the wrongful death. In these cases you're entitled to everything you would have gotten in a survival action and punitive damages.

In the majority of states, there are restrictions on what you can claim when you file a claim for malpractice. The caps differ by state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

Like any lawsuit there are deadlines to be adhered to or the case may be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The exact time frame differs by state.

The time period can be complicated, so it is vital to consult with an attorney right away. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be found to be valid in the court. This stage takes months or weeks.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is extended. For instance, in Pennsylvania a patient must submit a claim within two years of the date they were aware of the malpractice, or that a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This is a problem when the malpractice doesn't immediately cause symptoms. As an example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In that scenario, the statute of limitations could have begun to start running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the details of the case. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of care to the patient, the medical standards in the area and the specialization for this type of doctor with the same qualifications and experience and the ways in which the defendant departed from the standards. The expert will describe how the defendant's departure directly caused the injury to the patient.

The defendant will contract a professional to counter the plaintiff's expert, and then provide their professional opinion as to whether the doctor's treatment was consistent with standards of care. Experts may differ but the fact-finder will decide which expert is most credible.

It is preferential for an expert to be working in the medical field because they will have greater understanding of current practice. Jurors and judges often consider professionals who are practicing more credible than experts whose only source of income is a testimony in court.

It is also advisable to get an expert witness who specializes in the field of malpractice. A medical professional with prior experience treating breast cancer for instance, could present a an argument that is convincing regarding the cause of an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to call for your case.