How to File a Medical Malpractice Lawsuit

To bring a medical darien malpractice lawsuit suit against a doctor or a hospital, you must have evidence that the defendant has breached their obligation to patients. This evidence can include hospital and medical records.

Our attorneys have extensive experience in conducting effective depositions. They could be doctors, other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately the standards aren't always adhered to or even observed. The results of this breach can be devastating.

A lawsuit can be brought against a medical professional when a patient is injured or suffers a death due to the negligence of that doctor. To establish a case the injured person must prove four legal elements that include breach of duty, breach of duty, damages and causation.

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

Medical negligence differs from normal negligence in that the party who suffers must prove that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to hurt anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standard of care that a reasonably knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

In a brunswick Malpractice attorney case, damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages such as pain and discomfort.

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

Some of these losses can be seen immediately, for instance an error by a doctor caused an infection or other medical issues that required additional treatment. Other damages aren't as apparent, such as when your doctor misdiagnoses you, and you are not able to receive the right treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. In these cases you're entitled to the same amount you could have gotten in a survival case and punitive damages.

In most states, there are limitations on the amount you can be awarded when you file a claim for malpractice. The caps differ by state, and often apply to both economic and non-economic damages. Certain states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits there are deadlines which must be adhered to or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The exact time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in court. This process can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitation is modified. For example in Pennsylvania patients must make a claim within two years from the time they were aware of the malpractice, or the date a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This is an issue if the mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign object in the body of the patient following surgery. The patient might not find the object until three years after the surgery. In this scenario, the statutes of limitations may have started running from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards for the region and specialty for this type of doctor with similar qualifications and skills and the ways in which the defendant deviated from the standards. The expert will then explain how the deviation directly contributed to the patient's injury.

The defendant will hire a professional to counter the plaintiff's expert and provide their professional opinion on whether the doctor's treatment was consistent with guidelines of care. It is normal for experts to disagree with each however the factfinder determines who is most credible based on their expertise and experience.

It is advisable for the expert to be working in the medical field because they are more informed about current practice. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also advisable to hire an expert who is specialized in the field of malpractice. A medical professional who has expertise in treating breast cancer, for example, can make an argument convincingly as to the cause of an injury. A knowledgeable Ocala medical gretna malpractice law firm attorney will know which expert witnesses to contact for your case.