How to File a Medical Malpractice Lawsuit

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

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. However, in a few instances these standards are not adhered to or even breached. The results of this breach can be devastating.

If someone is injured or suffers death as a result of a physician's malpractice, they may file a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that there are four legal elements in place: duty, breach of duty, causation, and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community and can cause injury to the patient. It is a component of tort law, which deals with civil wrongs but not criminal or contractual duties.

Medical negligence differs from regular negligence in that the party who suffers has to prove that the doctor knew, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to cause harm to anyone.

In the event of a medical malpractice lawyer lawsuit the defendant's obligation is to provide the patient with the standards of care a prudent health care professional of similar experience and training could provide in similar situations. The breach of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a doctor's negligence. This could include financial losses, such as future medical expenses, as well as non-economic losses like pain and discomfort.

To be able to claim damages, you must prove that the doctor violated a duty of care, that the physician's deviation from that standard resulted in injury, firms and the injury was measurable in terms of financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified immediately, for instance, if a doctor's mistake caused an infection or other medical issue which required additional treatment. Certain damages are more difficult to detect in the event that doctors misdiagnose your condition and you don't receive the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. You may seek punitive damages in addition to the amount you'd receive in a case of survival.

In most states, there are restrictions on what you can claim in a malpractice claim. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time it takes to make a claim.

Time Limits

Like any lawsuit there are time limits to be adhered to or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a lawsuit is different for each state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was malpractice and if the case could be heard in the court. This can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time when they first discovered the malpractice. This is known as the discovery rule.

In some states the statutes of limitations start to run on the date the malpractice occurred. This can be an issue when the mistake doesn't immediately cause symptoms. Consider, for instance, that a doctor mistakenly left a foreign object in the body of the patient following surgery. The patient might not find the foreign object until three or more years after the surgery. In this case the statute of limitations could have started in the year following the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the facts of the case. An expert witness for the plaintiff will testify on the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the area and specialization, and the ways the defendant deviated from the standards. The expert will explain how the departure directly contributed to the injury suffered by the patient.

The defendant will hire an expert to challenge the plaintiff’s expert, and provide their professional opinion as to whether the doctor was in compliance with the requirements of medical care. It is not uncommon for experts to disagree with one however the fact finder determines who is the most trustworthy on their knowledge and experience.

It is best for the expert to be working in the medical field since they are more knowledgeable about current practices. Judges and jurors typically consider professionals who are practicing more credible than experts whose only source of income is a testimony in court.

It is also preferable to use an expert witness who specializes in the field of fraud. For example an expert in medicine who is experienced in treating breast cancer could make a an argument more convincing regarding the reason for firms the plaintiff's injuries. A medical malpractice attorney in Ocala will know what expert witnesses to consult.