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How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This evidence can include hospital and medical records.

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

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. In some instances, these standards are not met or are even violated. The consequences of this breach could be devastating.

A lawsuit may be brought against a medical professional if an injured patient suffers a death due to the negligence of the doctor. To be able to file a valid lawsuit, an injured patient must prove four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the norms of practice accepted within the medical profession, and causes injury to the patient. It is an aspect of tort law, which deals with civil violations that are not legally binding or criminal in nature.

Medical negligence is different from regular negligence in that the person who is injured has to prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For instance a surgeon who accidentally creates a cut on a vein or nerve during surgery would be considered negligent, but not Richmond malpractice lawsuit since the doctor was not aiming to cause harm.

In a medical malpractice case the defendant's responsibility is to provide the patient with the standard of care a qualified health professional with similar experience and expertise would provide in similar circumstances. The breach of this duty is a crucial element since it proves that the negligent act caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses due to a physician's negligence. These could include both financial loss such as the cost of future medical expenses as well as non-economic losses such as suffering and pain.

To be able to claim damages, you must show that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care caused injury, and that 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 example, if a doctor's mistake caused an infection or other medical issue that required additional treatment. Other damage isn't as obvious, for instance if your doctor has misdiagnosed you and you're unable to get the correct treatment.

If your doctor's malpractice causes your death and you are unable to sue, you may be able to sue for the wrongful death. You can seek punitive damages in addition to the compensation you'd receive in a survival suit.

In most states, there is a limit to the amount you can get when you file a claim for malpractice. These limits vary from state to state and are often applicable to both economic and other damages. Some states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to, or the case could be thrown out. A sugar grove malpractice attorney lawsuit should generally be filed between two and six years following the time when the mishap occurred. The exact time frame differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in the court. This stage can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is modified. For instance, in Pennsylvania a patient must submit a claim within two years from the date they realized the malpractice or [Redirect-Java] the date a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This could be a problem when the malpractice is not immediately causing symptoms. For instance, suppose that doctors mistakenly leave an object that is foreign in the body following surgery. The patient may not be aware of the object until three years after the procedure. In this instance, the statutes of limitations could have been in the year following the date of surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, medical requirements for doctors with similar qualifications in the same area and field, and the ways the defendant deviated from the standard. The expert will explain how the deviation directly caused the injury suffered by the patient.

The defendant will contract an expert to challenge the plaintiff's expert, and provide their professional opinion as to whether the doctor's actions met the requirements of medical care. It is not uncommon for experts to disagree with each and yet the factfinder decides who is the most trustworthy on their experience and education.

It is advisable for the expert to remain working in the medical field because they are more knowledgeable about current practice. 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 beneficial to get an expert witness who specializes in the field of malpractice. A medical expert with prior experience treating breast cancer for example, can make an argument convincingly as to the reason for an injury. A medical malpractice lawyer in Ocala knows which experts to speak with.