How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital you must establish that the defendant has breached their duty towards patients. This evidence could be a medical and hospital documents.

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

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately these standards aren't always met or even violated. This breach can have devastating results.

A lawsuit may be filed against a medical professional if the patient is injured or dies due to the malpractice of the physician. To be able to file a valid lawsuit, an injured patient must demonstrate four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission by a physician that deviates from the norms of practice accepted in the medical community, and results in injury to the patient. It is a subset of tort law that deals with civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence because the injured party must show that the doctor knew or should have known that their actions would cause harm to assert malpractice, however 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 malpractice. This is because the doctor did not intend to harm anyone.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standards of care that a knowledgeable health professional with similar experience and education would provide in similar circumstances. The breach of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you sustained due to the negligence of a physician. This could include financial losses, including future medical costs, and non-economic damages such as pain and discomfort.

To claim damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the norm caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or medical condition and you required further treatment because of it. Some damage is more difficult to see for instance, when an expert misdiagnoses your illness and you cannot get the right treatment.

If a doctor's error causes you to die or death, you can file a lawsuit for the wrongful death. You can claim punitive damages in addition to the compensation you'd receive in a survival suit.

In most states, there are restrictions to the amount you can get when you file a claim for malpractice attorney. These caps vary from state to state and are usually applicable to both economic and other damages. Some states have laws that limit the length of time you can delay before filing an action.

Time Limits

As with all lawsuits there are time frames that must be followed or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The timeframe for filing a malpractice lawsuit is determined by the state.

The time limit can be complicated and it is important to consult a lawyer right away. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be able to stand in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. For example in Pennsylvania patients must make a claim within two years of the date they realized the malpractice or when a reasonable individual would have recognized that the harm existed. This is known as the discovery rule.

In certain states the statutes of limitation start to run on the date on which the malpractice occurred. This can be an issue if the error does not immediately cause 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 be aware of the foreign object until three or attorneys more years after the surgery. In this situation the statute of limitations could have started at the time of the surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient and the medical standards applicable to the area and the specialization for doctors with similar qualifications and expertise and the ways that the defendant departed from those standards. The expert will then explain how the deviation directly contributed to the patient's injury.

The defendant will employ an expert to challenge the plaintiff’s expert, and offer their professional opinion as to whether the doctor was in compliance with the guidelines of care. It is common for the experts to disagree with one other, but the factfinder determines who is the most trustworthy based on their expertise and experience.

It is best for the expert to remain working in the medical field because they are more informed about current practice. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is testifying in court.

It is also beneficial to get an expert witness who has expertise in the field of negligence. A medical expert who has prior experience treating breast cancer for instance, can present a an argument that is convincing as to the cause of an injury. A seasoned Ocala medical moss point malpractice attorney lawyer will be aware of which expert witnesses to call for your case.