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 obligation to patients. This evidence could be a medical and hospital records.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately the standards aren't always met or even violated. The results of this breach can be devastating.

When someone suffers injury or death due to a doctor's negligence, they can sue the medical professional. To have a valid case the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act or omission of a physician that deviates from the norms of practice accepted in the medical community and inflicts harm on the patient. It is a subset of tort law which covers civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is different from regular negligence in that the person who is injured has to prove that the doctor knew, or ought to have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor didn't intend to hurt anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standards of care a prudent health care professional of similar experience and training would provide in similar circumstances. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you suffered due to negligence by a doctor. This can include both financial losses, including future medical costs, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you must show that the doctor breached a duty of care, that the doctor's deviation from the norm caused injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted quickly, for example an error by a doctor led to an infection, or other medical issue which required additional treatment. Some damages are more difficult to identify for instance, when a doctor misdiagnoses your condition and malpractice lawsuit you do not receive the proper treatment.

If a medical professional's negligence leads to your death then you can sue for wrongful death. In these claims, you are entitled to everything you would have received in a lawsuit for survival and punitive damages.

In many states, there are limitations on what you can claim when you file a claim for malpractice. These caps differ from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict how long you can wait to file a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case could be thrown out. A baldwin malpractice lawsuit lawsuit (Vimeo.com) must generally be filed between two and six years after the act occurred. The deadline varies according to state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and whether it will be able to stand in court. This stage can take months or even weeks.

Medical malpractice cases are subject to different laws, and the statute of limitation is frequently altered. For malpractice lawsuit instance in Pennsylvania the patient must submit a claim within two years from the time they discovered the malpractice or that a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This can be problematic if the medical malpractice does not cause any immediate symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient might not discover the object until three years after the surgery. In this instance, the statutes of limitations could have begun at the time of surgery, not the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of taking care of the patient and the medical standards applicable to the area and the specialization for that type of physician who has similar qualifications and abilities and the ways the defendant's actions were in violation of the standards. The expert will explain how the deviation directly caused the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff’s expert, and then provide their professional opinion about whether the doctor's actions met the guidelines of care. Experts could differ, but the fact-finder decides which expert is the most trustworthy.

It is recommended for the expert to be still working in the medical field as they are more knowledgeable about the current practices. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also better to have an expert who has specialized in the area of malpractice. A medical expert who has expertise in treating breast cancer, for instance, can present a an argument that is convincing as to the cause of an injury. A medical malpractice attorney in Ocala will know what experts to speak with.