How to File a Medical Malpractice lawsuit (vimeo.com)

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her obligation to patients. This evidence could be a medical and hospital records.

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

Negligence

If a patient is seen by a doctor or hospital professional they are entitled to certain standards of medical treatment. Unfortunately they aren't always met or even violated. This can lead to devastating results.

A lawsuit may be filed against a medical professional when an injured patient suffers a death due to the negligence of that doctor. To have 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 can be defined as an action by an individual doctor that is not in line with the norms of the medical profession and results in harm to a patient. It is a subset of tort law that deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the victim must prove that the physician knew or should have known that their actions could cause harm to prove malpractice, whereas normal negligence doesn't. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice as the doctor didn't intend to cause harm.

In the case of medical negligence, the defendant's duty is to provide the patient with the standards of care that a qualified health professional with similar experience and qualifications could provide in similar situations. The breach of duty is crucial because it shows that the negligent act caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you suffered as a result of the negligence of a physician. These could include both financial loss, like the expense of medical treatment in the future as well as non-economic losses like pain and suffering.

To recover damages, it is essential to show that a doctor has violated the law, that his deviation from the standard of care caused injury, and that the injury resulted in financial losses that are quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an infection or medical condition and you required further treatment in the aftermath. Certain damages are more difficult to spot like when an expert misdiagnoses your illness and you are unable to receive the proper treatment.

If your doctor's malpractice causes you to die, you can sue for wrongful death. You can claim punitive damages in addition to the compensation you'd receive in a case of survival.

In most states, Malpractice Lawsuit there are limits to the amount you can get in a new mexico malpractice lawsuit claim. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time limits that must be observed or the case could be barred. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there was malpractice and whether the case will stand up in court. This process can take months or even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. For instance in Pennsylvania a patient must file a claim within 2 years of the date they realized the malpractice or when a reasonable individual should have realized the injury existed. This is called the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice occurred. This can be problematic if the medical error doesn't cause immediate symptoms. For instance, suppose that the doctor is negligently leaving an object foreign to the body after surgery. The patient might not find the foreign object until three or more years after the surgery. In this scenario, the statutes of limitations could have been in the year following the date of surgery rather than the discovery of error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify regarding the doctor's duty to the patient, the medical standards for doctors who have similar qualifications in the area and specialization, and the ways in which the defendant departed from the standard. The expert will also explain how the deviance directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff’s expert, and give their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. Experts may differ but the fact-finder will decide which expert is most reliable.

It is advisable for the expert to remain working in the medical field as they are more knowledgeable about current practice. Judges and jurors often consider professionals who are practicing more credible than experts whose only source of income is the testifying in court.

It is also preferable to have an expert witness who has expertise in the area of the legal malpractice. For example a medical professional who is experienced in dealing with breast cancer can present a an even more convincing case for the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.