How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice law firms suit against a hospital or doctor must prove that the defendant violated his or her obligation to patients. This evidence can include hospital and medical records.

Our lawyers have experience taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

When a patient goes to a doctor, hospital or health care professional, they are entitled to certain standards of medical care. Unfortunately the standards aren't always met or even complied with. The consequences of this breach can be devastating.

When someone is injured or death as a result of a doctor's negligence, they could pursue a lawsuit against the medical professional. In order to file a valid claim, the injured patient must prove that there are four legal elements present: duty, breach of duty, causation, and damages.

Malpractice is defined as an act by the doctor that is against the norms of the medical community and causes harm to a patient. It is a subset of tort law, malpractice lawsuits which deals with civil wrongs that aren't legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured has to demonstrate that the doctor knew, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice lawsuits. This is because the surgeon did not intend to cause harm to anyone.

In a medical malpractice case, the defendant has the obligation of treating the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances would provide. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you sustained due to the negligence of a doctor. They can be a combination of financial loss such as the cost of future medical expenses and non-economic losses, like suffering and pain.

In order to obtain damages, it is essential to demonstrate that a doctor did not fulfill a duty and that his violation of the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made a mistake that led to an infection or other medical problem, and you needed additional treatment because of it. Other damages are less readily 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 all the benefits you would have received in a survival lawsuit, plus punitive damages.

In most states, there are limits on the amount you can be awarded in a lawsuit for malpractice. The caps differ from state to state, and are typically applicable to both economic and other damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The time limit differs by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and if it will be able to stand in court. This phase can last for months or even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitation is often altered. For instance, in Pennsylvania the patient has to make a claim within two years of the date they were aware of the malpractice, or the date a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient might not find the object until three years after the procedure. In this situation the statute of limitations could have begun at the time of the surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases rely on experts to clarify the facts of the case. The expert of the plaintiff will testify about the duty of the doctor to the patient, the medical requirements for doctors with similar qualifications in their area and specialization, and the ways the defendant deviated from the standards. The expert will also explain why the defendant's omission directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert, and provide their professional opinion regarding whether the doctor's treatment was consistent with requirements of medical care. The experts could disagree but the fact-finder is the one who decides which expert is most reliable.

It is preferential that the expert continue to be working in the medical field because they'll have better knowledge of current practices. Jurors and judges typically find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also recommended to hire an expert witness that is specialized in the field of negligence. A medical professional with prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the reason for an injury. A seasoned Ocala medical Malpractice Lawsuits lawyer will know which expert witnesses to consult for your case.