How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her duty to patients. This evidence can include hospital and medical records.

Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, in some cases these standards are not met, or even violated. This breach can have devastating consequences.

A lawsuit may be filed against a medical professional when an injured patient dies because of the negligence of the physician. To establish a case, an injured patient must establish four legal elements: duty, breach, damages and causation.

Malpractice can be defined as an action by a doctor that is outside the accepted norms in the medical profession and results in harm to a patient. It is a component of tort law that is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence is different from regular negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm in order to claim malpractice, but normal negligence doesn't. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to cause harm to anyone.

In a case of medical malpractice the defendant is under the obligation of treating the patient according to the standards of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The breach of duty is important because it proves that the negligent act caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you have suffered as a result of the negligence of a physician. This can include both financial loss such as the cost of future medical expenses and non-economic losses, such as pain and suffering.

In order to recover damages, you need to show that a doctor has violated an obligation or obligation, and that his lapse from the standard of care resulted in injury, and the injury had quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that resulted in an infection or other medical problem and you required further treatment as a result. Some damages are more difficult to spot in the event that the doctor is unable to diagnose your condition and you do not receive the right treatment.

If the negligence of your doctor causes your death and you are unable to sue, you may be able to sue for the cause of death. You can seek punitive damages in addition to the compensation you would receive in a case of survival.

In many states, there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit the length of time you can wait before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to, or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The specific time limit varies by state.

The time period can be complicated, so it is vital to consult a lawyer immediately. The law firm will investigate to determine if there was a mistake and if the case will stand up in court. This phase can last for up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is extended. For instance in Pennsylvania patients must file a claim within 2 years of the date they discovered the malpractice or when a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In certain states, the statutes of limitations begin to run on the date that the malpractice occurred. This is a problem if the medical error doesn't cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body in the body of the patient after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In that situation the statute of limitation could have begin running from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice attorney cases. An expert witness for lawsuit the plaintiff will testify regarding doctors' obligations to the patient, medical standards for lawsuit doctors with similar qualifications in the field and specialization, and the ways that the defendant's actions were contrary to the standard. The expert will then explain how the departure directly led to the patient's injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and provide their professional opinion on whether the doctor's actions met the standards of care. It is common for experts to differ with each other, but the factfinder determines who is the most trustworthy based on their knowledge and experience.

It is more beneficial for an expert to working in the medical field as they will have a better understanding of current practices. Jurors and judges tend to believe that practicing professionals are more trustworthy than experts who solely rely on court testimony.

It is also recommended to hire an expert witness who specializes in the field of negligence. A medical expert who has expertise in treating breast cancer, for instance, can present a an argument that is convincing regarding the cause of an injury. An experienced Ocala medical malpractice lawyer will know which experts to consult for your case.