How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or hospital, you must have evidence that the defendant has violated their duty to patients. This evidence could include hospital and medical documents.

Our lawyers have experience taking depositions that are effective for witnesses. These may be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. However, in a few instances these standards are not being met or even breached. This breach could have devastating consequences.

When someone suffers injury or death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. To be able to file a valid lawsuit, an injured patient must establish four legal elements: duty, breach, causation and damages.

Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of medicine within the medical profession, and can cause injury to the patient. It is an aspect of tort law that addresses civil violations that are not legally binding or criminal in nature.

Medical negligence differs from regular negligence because the injured party must prove that the physician was aware that their actions would cause harm in order to claim malpractice, but normal negligence is not required. For example a surgeon who accidentally cut a vein or nerve during surgery would be guilty of negligence but not malpractice as the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with the same experience and training in similar circumstances could provide. The breach of duty is important because it demonstrates that the negligence alleged caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you suffered as a result of negligence by a doctor. This can include both financial losses, including future medical bills, and non-economic damages, such as pain and discomfort.

To be able to claim damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted in a matter of minutes, for instance an error by a doctor resulted in an infection or other medical issue which required additional treatment. Other damage isn't as evident, for instance, if your doctor misdiagnoses you and fuquay varina malpractice law firm you are not able to receive the right treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. You can claim punitive damages in addition to the amount you would get in a lawsuit for survival.

In the majority of states, there are limits on the amount you can recover in a malpractice case. These caps differ from state to state and are generally applicable to both economic and other damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical fuquay Varina malpractice law firm arising. The time frame varies by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake was committed and if it could be accepted in court. This can take weeks or even months.

Medical malpractice cases have different laws than other types of cases, and the statute of limitations is changed. For instance, in Pennsylvania the patient has to submit a claim within two years from the date they were aware of the malpractice, or the date a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice occurred. This can be an issue if the medical malpractice does not cause any immediate symptoms. As an example, suppose doctors mistakenly leave a foreign object inside the body following surgery. The patient may not be aware of the object until three years after the procedure. In that case, the statute of limitations might have started to run from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert witness will be able to testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialization for the type of doctor with the same qualifications and experience and the ways in which the defendant's actions were in violation of those standards. The expert will also explain how the defendant's departure directly impacted the victim's injury.

The defendant will employ an expert to challenge the plaintiff’s expert, and then provide their professional opinion on whether the doctor met the requirements of medical care. Experts may differ however the fact-finder determines which expert is most reliable.

It is best for an expert to be working in the medical field since they'll have a better understanding of current practices. Jurors and judges typically consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also preferable to get an expert witness who has expertise in the area of the negligence. For instance a medical professional who is experienced in treating breast cancer can make an argument that is more convincing about the reason for the plaintiff's injury. A medical magnolia malpractice attorney lawyer in Ocala knows which expert witnesses to consult.