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How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a hospital or doctor, you must have evidence that the defendant has violated their duty towards patients. This evidence may include hospital and medical records.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors or other medical professionals who are in private practice or work at a clinic or hospital.


Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately they aren’t always adhered to or even observed. The consequences of this breach can be devastating.

A lawsuit may be brought against a medical professional if an injured patient dies because of the negligence of the doctor. To be able to make a legitimate claim, the injured patient must prove that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of practice within the medical profession, and can cause injury to the patient. It is a part of tort law, which is concerned with civil wrongs, not criminal offenses or contractual obligations.

Medical negligence is different from normal negligence in that the person who is injured must demonstrate that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be found negligent, but not hartsville Malpractice since the surgeon did not intend to cause harm.

In a medical malpractice case the defendant’s obligation is to treat the patient according with the standards of care a knowledgeable health professional with similar experience and qualifications would offer in similar circumstances. The breach of this obligation is a crucial element since it proves that the alleged negligent behavior caused the injury.


The damages in a malpractice case are in relation to the losses you have suffered due to a doctor’s negligence. This could include financial losses, including future medical bills, and non-economic losses like discomfort and pain.

To recover damages, you must show that the doctor violated a duty of care, that the physician’s deviation from the standard of care caused injury, and the injury was measurable in terms of financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified immediately, for example when a mistake made by a doctor caused an infection or other medical issues that require additional treatment. Other damages aren’t as apparent, such as when your doctor misdiagnoses you and you’re unable to receive the proper treatment.

You may sue for wrongful deaths when a doctor’s negligence caused your death. You can claim punitive damages in addition to the amount you’d receive in a survival suit.

In the majority of states, there are limits on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states also have rules that restrict how long you can wait to make a claim.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case could be thrown out. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The time limit differs by state.

The time limit can be complicated and it is important to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was a mistake and whether the case will be heard in court. This process can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is extended. For example in Pennsylvania patients must make a claim within two years from the date they realized the malpractice or Hartsville Malpractice the date a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In certain states the statutes of limitation begin to expire on the date when the malpractice occurred. This can be a problem when the malpractice does not immediately cause symptoms. For example, suppose the doctor is negligently leaving a foreign object in the body after surgery. The patient may not be aware of the object until three years after the procedure. In that case the statute of limitations could have begun to run from the date of the procedure instead of the moment the error was discovered.

Expert Witnesses

A lot of medical colorado city malpractice cases rely on experts to clarify the facts of the case. A plaintiff’s expert will testify regarding doctors‘ obligations to the patient, the medical guidelines for doctors with similar qualifications in the same area as well as the specific ways in which the defendant departed from the standards. The expert will discuss how the defendant’s deviance directly caused the injury to the patient.

The defendant will hire a professional to counter the plaintiff’s expert, and then provide their professional opinion as to whether the doctor was in compliance with the requirements of medical care. It is common for experts to disagree with one with respect to their opinions, but the fact finder decides who is the most reliable based on their experience and education.

It is preferential for the expert to continue working in the medical field since they are more knowledgeable about the current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also better to have an expert who is specialized in the area of kewanee malpractice. For example a medical professional who is experienced in dealing with breast cancer can present a a more convincing argument about the cause of the plaintiff’s injuries. A knowledgeable Ocala medical palmetto malpractice attorney will know which experts to consult for your case.