• 목록
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant acted in breach of his or her obligation to patients. This can be evidence from hospitals and medical records.

Our attorneys are experienced at conducting effective depositions of witnesses. These may be doctors or other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient visits a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately they aren't always met or even violated. This breach could have devastating results.

When someone suffers injury or death due to a doctor's negligence, they could bring a lawsuit against the medical professional. To prove a case, the person who was injured must demonstrate four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act committed by an individual doctor that is not in line with the accepted norms in the medical community and causes injury to patients. It is a subset of tort law that addresses civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is different from normal negligence in that the person who is injured has to prove that the doctor knew, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In an instance of medical malpractice, the defendant's duty is to treat the patient according with the standards of care a knowledgeable health professional with similar experience and training would provide in similar circumstances. The breach of duty is significant because it demonstrates that the negligent act caused the injury.

Damages

The damages in a malpractice case are based on the losses you sustained as a result of a doctor's negligence. This can include both financial losses, such as future medical costs, and non-economic damages, such as discomfort and pain.

To recover damages, you have to prove that the doctor violated the duty of care, that the doctor's deviation from that standard caused injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Certain of these losses can be seen immediately, for example when a mistake made by a doctor resulted in an infection or other medical issue which required additional treatment. Certain damages are more difficult to see like when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

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

In the majority of states, there are limitations on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both financial and other damages. Some states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to, or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The time frame varies by state.

The time period can be complicated, so it is vital to consult an attorney right away. The law firm will investigate to determine if there was any malpractice and if the case will stand up in court. This process can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. In Pennsylvania the patient is entitled to two years from the date that they were aware of the malpractice. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This is problematic if the medical malpractice does not cause any immediate symptoms. As an example, suppose the doctor is negligently leaving a foreign object in the body following surgery. The patient may not realize the foreign object until at least three years after surgery. In this situation, the statutes of limitations could have begun running from the date of the surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice attorneys cases. A plaintiff's expert witness will testify about the doctor's duty of providing medical care to the patient and the medical standards applicable to the region and specialty for doctors who has similar qualifications and abilities and the ways in which the defendant violated those standards. The expert will then describe how the deviation directly caused the patient's injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and give their professional opinion regarding whether the doctor's actions met the guidelines of care. Experts may differ, but the fact-finder decides which expert is the most trustworthy.

It is preferential for the expert to working in the medical field because they will have greater understanding of current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who solely rely on the testimony of a court.

It is also beneficial to choose an expert who has specialized in the field of malpractice. A medical professional who has prior experience treating breast cancer for instance, could present a an argument that is convincing regarding the reason for an injury. A seasoned Ocala medical malpractice attorney will be aware of the experts to refer your case.