• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice or staff at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor, or health care professional. Unfortunately they aren't always met, or even violated. This breach can have devastating results.

When someone suffers injury or death due to a doctor's negligence, they can sue the medical professional. To have a valid case the injured person must demonstrate four legal elements which are breach of duty, duty, causation and damages.

Malpractice is described as an act performed by a doctor that is outside the accepted norms of the medical profession and causes harm to the patient. It is a subset of tort law, which deals with civil violations that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm to be able to claim malpractice, however normal negligence doesn't. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor didn't intend to harm anyone.

In a lawsuit for medical malpractice the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances could provide. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses caused by a doctor's negligence. This can include both financial losses, like future medical expenses, as well as non-economic losses like pain and discomfort.

In order to recover damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from the norm resulted in injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified quickly, for example an error by a doctor led to an infection, or any other medical condition that required further treatment. Some damages are more difficult to detect in the event that doctors misdiagnose your condition and you cannot get the correct treatment.

If a doctor's error results in your death or death, you can file a lawsuit for the cause of death. In these claims you are entitled to the same amount you would have received in a survival action as well as punitive damages.

In the majority of states, there are limits to the amount you can recover in a legal case. The caps differ from state to state and are usually applicable to both economic and other damages. Some states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The exact time frame varies by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be found to be valid in the court. This can take several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is often altered. For example in Pennsylvania the patient has to file a claim within 2 years of the date they discovered the malpractice or that a reasonable person would have known that the harm 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 problematic if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient may not realize the object until three years after the surgery. In this situation the statute of limitations could have begun in the year following the date of surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. A plaintiff's expert will testify on doctors' obligations to the patient, medical requirements for doctors who have similar qualifications in the same area as well as the specific ways the defendant deviated from the standard. The expert will discuss the way in which the defendant's actions directly impacted the patient's injuries.

The defendant will engage a professional to counter the plaintiff's expert, and offer their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. The experts could disagree, but the fact-finder decides which expert is most trustworthy.

It is best for the expert to continue working in the medical field because they are more knowledgeable about the current practices. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also advisable to get an expert witness who is skilled in the area of the negligence. For example a medical professional who is proficient in treating breast cancer can provide an even more convincing case for the reason for a plaintiff's injury. An experienced Ocala medical malpractice attorney will be aware of the experts to call for your case.