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How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice settlement lawsuit against a hospital or doctor it is necessary to prove that the defendant has breached their duty towards patients. This evidence may include hospital and medical documents.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice, or working at a clinic or hospital.

Negligence

When a patient goes to a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The results of this breach could 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 the doctor. To prove a case the patient who has been injured must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms in the medical field and can cause injury to patients. It is an aspect of tort law that addresses civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured has to prove that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance the surgeon who nicks a nerve or vein during surgery could be in the wrong of negligence, but not malpractice since the doctor was not aiming to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a reasonably knowledgeable health professional with similar experience and training would offer in similar circumstances. The breach of duty is crucial since it establishes that the alleged negligent conduct caused the injury.

Damages

In a case of malpractice settlement damages are calculated based upon your losses as a result a doctor's negligence. This could include financial losses, including future medical expenses, as well as non-economic losses like discomfort and pain.

To recover damages, you have to prove that the doctor breached the duty of care, that the doctor's deviation from the norm caused injury, and Malpractice Compensation that this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that caused an infection or other medical complications and you required further treatment in the aftermath. Certain damages are more difficult to identify, such as when the doctor is unable to diagnose your condition and you do not receive the right treatment.

If the negligence of your doctor causes your death then you can sue for the cause of death. In these claims you're entitled to the same amount you would have gotten in a survival lawsuit in addition to punitive damages.

In most states, there are limitations on the amount you can recover in a malpractice compensation (check out this one from Plantsg Com) case. The caps differ from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the time you can wait before filing an action.

Time Limits

Like all lawsuits, there are time limits which must be observed or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. 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 whether a mistake was committed and if it could be accepted in court. This can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is altered. For example, in Pennsylvania patients must submit a claim within two years of the date they were aware of the malpractice, or that a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This could be a problem if the medical error does not cause immediate symptoms. For instance, suppose the doctor is negligently leaving an object foreign to the body following surgery. The patient might not be aware of the foreign object until at least three years after surgery. In that situation the statute of limitations might have started to expire from the date the surgery instead of the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the facts of the case. An expert witness for a plaintiff will testify about the doctor's duty of care to the patient and the medical standards for the area and the specialization for that type of physician who has similar qualifications and abilities and the manner in which the defendant departed from those standards. The expert will then explain how the deviance directly contributed to the injury of the patient.

The defendant will engage a professional to counter the plaintiff's expert and give their professional opinion as to whether the doctor's treatment was consistent with guidelines of care. The experts may disagree but the fact-finder will decide which expert is the most trustworthy.

It is best for the expert to still be working in the medical field, as they will have a better knowledge of current practices. Jurors and judges typically consider practicing doctors more trustworthy than those who rely exclusively on the testimony of a court.

It is also advisable to hire an expert witness who is skilled in the area of the legal malpractice. A medical expert who has had experience treating breast cancer for example, can make an argument that is convincing as to the reason for an injury. A medical malpractice lawyer in Ocala knows which experts to speak with.