How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant violated his or her obligation to patients. This evidence may include medical and hospital records.

Our lawyers have years of experience in taking depositions that are effective. They could be doctors or other medical professionals who are in private practice, or working 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 the standards aren't always met or even complied with. The consequences of this breach can be devastating.

When someone is injured or death due to a doctor's malpractice, they may sue the medical professional. To establish a case the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice can be described as an act performed by the doctor that is against the accepted norms of the medical profession and causes injury to a patient. It is a subset of tort law which covers civil violations that are not legally binding or criminal in nature.

Medical negligence is different from regular negligence because the injured party must prove that the physician knew or should have known that their actions would cause harm to prove malpractice, whereas normal negligence is not required. A surgeon who accidentally nicks or malpractice lawsuit cuts an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to hurt anyone.

In a medical malpractice lawsuit, the defendant has an obligation to treat the patient according to the standard of care a reasonably prudent healthcare professional with similar expertise and training in similar circumstances could provide. The breach of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered due to a doctor's negligence. These could include both financial loss, like the cost of future medical care and non-economic losses, like suffering and pain.

To be able to claim damages, you need to prove that a doctor violated the law or obligation, and that his lapse from the standard of care resulted in injuries, and the damage resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified immediately, for instance an error by a doctor resulted in an infection or other medical issue which required additional treatment. Other damages aren't as evident, for instance, if your doctor misdiagnoses you, and you are not able to receive the appropriate treatment.

If the negligence of your doctor causes you to die, you can sue for the cause of death. In these claims you're entitled to the same amount you would have received in a survival lawsuit and punitive damages.

In the majority of states, there is a limit on the amount you can be awarded in a lawsuit for malpractice. These caps differ from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the time you can delay before filing an action.

Time Limits

Like all lawsuits, there are time limits which must be adhered to, or the case could be thrown out. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The specific time limit differs by state.

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

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. In Pennsylvania patients are entitled to two years from the date when they first discovered the negligence. This is referred to as the discovery rule.

In certain states the statutes of limitation begin to run on the date when the malpractice occurred. This could be problematic if the medical error doesn't cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient might not be aware of the foreign object until at least three years after surgery. In that scenario the statute of limitations might have started to expire from the date the surgery, not from the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. A plaintiff's expert will testify on doctors' obligations to the patient, the medical standards for physicians with similar qualifications in the field and field, and the ways in which the defendant's conduct was different from those standards. The expert will then describe how the departure directly contributed to the patient's injury.

The defendant will hire a professional to counter the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. Experts could differ, but the fact-finder decides which expert is the most reliable.

It is preferential for an expert to working in the medical field since they'll have a better understanding of current practices. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also recommended to work with an expert who is specialized in the field of malpractice. A medical professional who has experience treating breast cancer, for instance, can present a an argument that is convincing as to the reason for an injury. A medical malpractice attorney in Ocala will know which expert witnesses to consult.