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How to File a Medical Malpractice Lawsuit

In bringing a medical norman malpractice attorney suit against a hospital or doctor requires proof that the defendant has violated his or her duty to patients. This evidence may include medical and hospital documents.

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

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor or health professional. Unfortunately, in some cases these standards are not met, or even breached. The results of this breach can be devastating.

When someone suffers injury or death as a result of a doctor's negligence, they could file a lawsuit against the medical professional. To be able to file a valid lawsuit, an injured patient must establish four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the norms of practice accepted in the medical field, and can cause injury to the patient. It is a subset of tort law, which deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence is different from regular negligence in that the party who suffers must demonstrate that the doctor was aware, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. For instance the surgeon who cuts a vein or nerve during surgery is guilty of negligence but not malpractice since the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient in accordance with the standards of care that a reasonably qualified health professional with similar experience and qualifications would provide in similar circumstances. The breach of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses due to a physician's negligence. This could include financial losses, including future medical costs, and non-economic losses like discomfort and pain.

In order to obtain damages, malpractice attorney it is necessary to prove that a doctor violated a duty and that his violation of the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified immediately, for example, if a doctor's mistake caused an infection or other medical issues which required additional treatment. Certain damages are more difficult to identify for instance, when a doctor misdiagnoses your condition and you don't receive the proper treatment.

If a medical professional's negligence leads to your death, you can sue for the wrongful death. In these claims you're entitled to everything you would have received in a lawsuit for survival as well as punitive damages.

In most states, there is a limit on what you can receive in a malpractice claim. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit the time it takes to start a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be adhered to or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The time limit differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a mistake and if the case could stand up in court. This stage can take months or even weeks.

Medical malpractice cases are governed by different laws and the statute of limitation is usually modified. In Pennsylvania patients are entitled to two years from the time that they discovered the error. This is referred to as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This is an issue if the mistake does not trigger any immediate symptoms. For example, suppose the doctor is negligently leaving an object foreign to the body following surgery. The patient might not find the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have been at the time of the surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field and specialization, and the ways the defendant deviated from the standard. The expert will explain the way in which the defendant's actions directly caused the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the standards of care. The experts may disagree but the fact-finder is the one who decides which expert is the most reliable.

It is best for the expert to remain working in the medical field because they are more informed about current practice. Judges and jurors tend to consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.

It is also recommended to work with an expert who has specialized in the area of malpractice. A medical expert who has expertise in treating breast cancer, for instance, could present a a convincing argument as to the cause of an injury. A medical malpractice attorney (vimeo.Com) in Ocala will know the best expert witnesses to consult.