How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or a hospital, you must have evidence that the defendant has breached their duty to patients. This evidence could include hospital and medical records.

Our attorneys are experienced at taking effective depositions of witnesses. These may be doctors or attorneys other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately these standards aren't always met or even violated. The consequences of this breach could be devastating.

A lawsuit may be filed against a medical professional when a patient is injured or suffers a death due to the negligence of the physician. To be able to make a valid claim, the patient must prove that four legal elements are present which include breach of duty, causation and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of practice in the medical community, and inflicts harm on the patient. It is a component of tort law, which is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the victim has to demonstrate that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For example, a surgeon who accidentally cut a vein or nerve during surgery could be considered negligent, but not malpractice since the surgeon did not intend to cause harm.

In a lawsuit for medical malpractice, the defendant has an obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with comparable knowledge and experience in similar circumstances would provide. The violation of this duty is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you have suffered as a result of the negligence of a physician. This can include both financial losses, such as future medical costs, as well as non-economic damages like discomfort and pain.

To be able to claim damages, it is essential to demonstrate that a doctor did not fulfill a duty or obligation, and that his lapse from the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or other medical complications, and you needed additional treatment due to the result. Some damages are more difficult to see for instance, when the doctor is unable to diagnose your condition and you don't receive the proper treatment.

You may sue for wrongful deaths if your doctor's negligence causes your death. You can claim punitive damages in addition the compensation you'd receive in a survival suit.

In many states, there are limits to the amount you can get in a lawsuit for malpractice. The caps differ from state to state and are usually applicable to both financial and other damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be followed or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The time frame varies by state.

The time limit is complicated and it is important to consult with an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be found to be valid in the court. This phase can last for several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is changed. In Pennsylvania the patient is entitled to two years from the date that they discovered the malpractice. This is referred to as the discovery rule.

In certain states the statutes of limitation start to run on the date the malpractice occurred. This can be an issue if the error doesn't cause immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient may not realize the object until three years after the surgery. In that situation, the statute of limitations could have start running from the date of the surgery, not from the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. An expert witness for the plaintiff will discuss the doctor's obligation of treating the patient with respect as well as the standards of medical care in the area and in the specialty of this type of doctor with the same qualifications and experience and the ways that the defendant violated those standards. The expert will explain how the deviance directly caused the injury of the patient.

The defendant will engage a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. It is common for experts to disagree with each with respect to their opinions, but the factfinder determines who is the most reliable based on their education and experience.

It is advisable for the expert to continue working in the medical field because they are more knowledgeable about current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also recommended to get an expert witness who is skilled in the area of the legal kingsville malpractice law firm. For instance an expert in medicine who is experienced in dealing with breast cancer can present a a more convincing argument about the reason for the plaintiff's injury. A seasoned Ocala medical malpractice lawyer will be aware of the experts to contact for your case.