How to File a Medical Malpractice Lawsuit
To bring a medical malpractice lawsuit against a doctor or hospital it is necessary to prove that the defendant has breached their duty towards patients. This evidence could include medical and hospital records.
Our attorneys have extensive experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or working at a clinic or hospital.
Negligence
When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not being met or even breached. The consequences of this breach can be devastating.
If someone is injured or suffers death as a result of a physician's negligence, they can bring a lawsuit against the medical professional. To be able to make a valid claim, the patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation, and damages.
Malpractice is defined as an act or omission by the physician that goes against the norms of practice accepted in the medical community and results in injury to the patient. It is a section of tort law, which deals with civil wrongs but not criminal or contractual obligations.
Medical negligence differs from normal negligence in that the injured party must prove that the doctor knew, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found considered negligent, but not
cedarburg Malpractice law firm since the doctor didn't intend to cause harm.
In an instance of medical malpractice the defendant's obligation is to treat the patient in line with the standards of care a qualified health professional with similar experience and education would offer in similar circumstances. The violation of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.
Damages
In a case of
somers point malpractice lawyer damages are calculated based upon your losses due to a doctor's negligence. These could include both financial losses, such as the expense of medical treatment in the future and non-economic losses, like pain and suffering.
To recover damages, you must prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the standard caused injury, and this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.
Certain of these losses can be seen quickly, for example the case where a doctor's error caused an infection or other medical complications that require additional treatment. Other losses are not as obvious, for instance if your doctor misdiagnoses you and you're unable to get the correct treatment.
You can sue wrongful death when a doctor's negligence caused your death. You may seek punitive damages in addition the compensation you would receive in a survival suit.
In many states, there are limits to the amount you can recover in a
sheldon malpractice attorney case. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states also have rules that limit the time you have to wait to make a claim.
Time Limits
Like any lawsuit, there are deadlines that must be adhered to or the case may be barred. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The time frame varies by state.
It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and if the case can be heard in court. This phase can last for weeks or even months.
Medical malpractice cases are governed by different laws, and the statute of limitations is often modified. For example, in Pennsylvania the patient must file a claim within 2 years from the date they realized the malpractice or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.
In some states the statutes of limitations begin to expire on the date that the malpractice occurred. This can be problematic if the act is not immediately causing symptoms. As an example, suppose the doctor is negligently leaving a foreign object inside the body following surgery. The patient might not find the object until three years after the procedure. In this situation the statute of limitations may have started beginning from the date of surgery rather than the moment of identifying the error.
Expert Witnesses
A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. The expert of the plaintiff will testify regarding the doctor's duty to the patient, the medical standards for physicians with similar qualifications in their area and specialty and the ways the defendant deviated from those standards. The expert will then explain how the departure directly led to the patient's injury.
The defendant will engage a professional to counter the plaintiff's expert and provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. It is normal for experts to differ with each other, but the fact finder determines who is the most trustworthy on their knowledge and experience.
It is preferential for the expert to continue working in the medical field because they are more knowledgeable about current practice. Judges and jurors often find practicing professionals more credible than experts whose only source of income is testifying in court.
It is also advisable to use an expert witness who has expertise in the field of fraud. For instance, a medical expert who is experienced in treating breast cancer can provide an even more convincing case for the reason for the plaintiff's injury. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.
