How to File a Medical Malpractice Lawsuit

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

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

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately, these standards are not always met or even violated. This can cause devastating results.

A lawsuit can be brought against a medical professional if an injured patient suffers a death due to the negligence of the doctor. To establish a case the injured person must establish four legal elements including breach of duty and damages and causation.

Malpractice is defined as an action by an individual doctor that is not in line with the accepted norms of the medical field and can cause harm to patients. It is an aspect of tort law which covers civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions could cause harm to prove malpractice, whereas normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to harm anyone.

In a medical malpractice lawsuit the defendant is bound by an obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances could provide. The violation of this obligation is a crucial element because it demonstrates that the alleged negligent behavior malpractice lawsuit caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you sustained due to a doctor's negligence. This can include both financial losses, including future medical costs, as well as non-economic damages like discomfort and pain.

In order to recover damages, it is necessary to prove that a doctor violated 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 complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified immediately, for instance the case where a doctor's error caused an infection or any other medical condition that require additional treatment. Other damages are less readily apparent, such as when your doctor has misdiagnosed you and you are not able to receive the appropriate treatment.

You can sue for wrongful death if your doctor's negligence causes your death. In these claims, you are entitled to all the benefits you could have gotten in a survival case in addition to punitive damages.

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 often applicable to both economic and other damages. Certain states also have rules that limit the length of time you have to wait to file a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The timeframe for filing a malpractice lawsuit is determined by the state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there were any mistakes and if the case will be heard in the court. This phase can last for weeks or months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is changed. For instance, in Pennsylvania the patient has to make a claim within two years from the time they were aware of the bryan malpractice law firm, or when a reasonable individual should have realized the injury existed. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This can be an issue when the mistake does not immediately cause symptoms. As an example, suppose doctors mistakenly leave a foreign object in the body following surgery. The patient might not find the object until three years after the surgery. In this case the statute of limitations could have begun to start running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. A plaintiff's expert will testify about the duty of the doctor to the patient, the medical requirements for doctors with similar qualifications in the field and specialty and the ways the defendant deviated from the standards. The expert will explain how the deviation directly led to the injury suffered by the patient.

The defendant will contract an expert to challenge the plaintiff's expert, and offer their professional opinion on whether the doctor was in compliance with the requirements of medical care. It is normal for experts to disagree with one and yet the factfinder decides who is the most trustworthy based on their experience and education.

It is best for the expert to still be working in the medical field, because they'll have greater understanding of current practice. Jurors and judges tend to find practicing professionals more credible than experts who rely solely on court testimony.

It is also advisable to have an expert who is specialized in the field of malpractice. A medical expert with expertise in treating breast cancer, for instance, can present a an argument that is convincing regarding the cause of an injury. A medical malpractice attorney in Ocala will know the best experts to ask.