Why You Should Be Working With This Malpractice Case

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our lawyers have experience conducting effective depositions of witnesses. They could be doctors or other medical professionals who are in private practice or work 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. In some instances, these standards are not met, or even breached. This breach could have devastating results.

A lawsuit may be filed against a medical professional if patients are injured or dies as a result of the negligence of the doctor. To establish a case, the person who was injured must demonstrate four legal elements: duty, breach, damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of medicine in the medical community, and results in injury to the patient. It is an aspect of tort law, which deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from regular negligence because the victim must prove that the doctor was aware that their actions would cause harm to claim clearwater malpractice lawsuit, but normal negligence doesn't. For fort collins malpractice lawyer instance the surgeon who cut a vein or nerve during surgery is considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In an instance of medical malpractice the defendant's obligation is to provide the patient with the standards of care that a reasonably qualified health professional with similar experience and education would provide in similar circumstances. The breach of this duty is a critical aspect because it proves that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered due to a physician's negligence. This could include financial losses, including future medical bills, and non-economic damages, such as discomfort and pain.

To recover damages, you must prove that the doctor violated the duty of care, that the physician's deviation from the norm caused injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an illness or other medical issue, and you needed additional treatment because of it. Other losses are not as evident, for instance, if your doctor misdiagnoses you and you're unable to receive the appropriate treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You can seek punitive damages in addition to the compensation you would get in a lawsuit for survival.

In most states, there are restrictions on what you can receive in a lawsuit for malpractice. These limits vary from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

Like any lawsuit there are certain time frames to be adhered to or the case will be barred. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The specific time limit varies by state.

The time limit is complicated and it is important to speak with a lawyer immediately. The law firm will investigate to determine if there were any mistakes and if the case could be heard in the court. This process can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is modified. In Pennsylvania the patient is entitled to two years from the date that they were aware of the negligence. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This is problematic if the act is not immediately causing symptoms. For instance, suppose a doctor negligently leaves a foreign object in the body following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In this situation the statute of limitations could have started in the year following the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical hales corners malpractice law firm cases. A plaintiff's expert will testify on the doctor's duty to the patient, the medical standards for doctors with similar qualifications in the same area and specialization, and the ways in which the defendant departed from the standard. The expert will discuss how the defendant's departure directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff’s expert, and provide their professional opinion about whether the doctor's actions met the requirements of medical care. It is common for experts to differ with each however the fact finder determines who is most credible based on their expertise and experience.

It is best for the expert to remain working in the medical field since they are more knowledgeable about the current practices. Judges and jurors are likely to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also better to work with an expert who specializes in the area of malpractice. A medical professional who has had experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A seasoned Ocala medical malpractice attorney will know which expert witnesses to consult for your case.