How to File a Medical Malpractice Lawsuit

In bringing a medical clarkston malpractice Law firm suit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This evidence may include medical and hospital records.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately, these standards are not always adhered to or even observed. The results of this breach could be devastating.

If someone suffers injury or death due to a doctor's negligence, they could bring a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must demonstrate that four legal elements exist such as breach of duty, causation, and damages.

Malpractice is described as an act performed by a doctor that is outside the accepted norms in the medical community and causes harm to a patient. It is a part of tort law, which deals with civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from normal negligence in that the victim has to demonstrate 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 does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to cause harm to anyone.

In a medical malpractice lawsuit, the defendant has the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances would offer. The violation of this duty is an essential aspect since it shows that the negligent act caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses caused by a doctor's negligence. These could include both financial loss such as the costs of future medical treatment and non-economic losses, such as pain and suffering.

To recover damages, it is essential to establish that a doctor acted in violation of the law and that his violation of the standard of care resulted in injuries, and the damage caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted quickly, for example an error by a doctor caused an infection or other medical issues that required additional treatment. Other losses are not as apparent, such as when your doctor misdiagnoses you and you are not able to get the correct treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. In these claims you are entitled to everything you could have gotten in a survival lawsuit and punitive damages.

In most states, there are limits to the amount you can recover in a