How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant violated his or her obligation to patients. This can be evidence from hospitals and malpractice medical documents.

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

Negligence

When a patient visits a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, in some cases these standards are not adhered to or even breached. This breach could have devastating consequences.

If someone is injured or suffers death because of a doctor's malpractice, they may file a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements are present: duty, malpractice breach of duty, causation and damages.

malpractice lawyers is defined as the act or omission of medical professionals that is contrary to the accepted norms of medical practice within the medical profession, and causes injury to the patient. It is a subset of tort law, which deals with civil wrongs that are not legal obligations or criminal offenses.

Medical negligence differs from regular negligence because the victim must show that the doctor was aware that their actions would cause harm to prove malpractice, whereas normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to harm anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standards of care that a prudent health care professional of similar experience and education could provide in similar situations. The breach of duty is important because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered due to a physician's negligence. This can include both financial losses, including future medical costs, as well as non-economic damages like pain and discomfort.

To be able to claim damages, you need to demonstrate that a doctor did not fulfill an obligation or obligation, and that his lapse from the standard of care caused injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be identified immediately, for instance when a mistake made by a doctor resulted in an infection or any other medical condition that required additional treatment. Other damage isn't as obvious, for instance if your doctor has misdiagnosed you and you aren't able to get the correct treatment.

If a medical professional's negligence leads to your death and you are unable to sue, you may be able to sue for the wrongful death. You can seek punitive damages in addition to the money you would receive in a case of survival.

In many states, there are limits on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both economic and other damages. Some states have laws that limit how long you can delay before filing an action.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to, or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The exact time frame varies by state.

It is important to consult an attorney as soon as possible. The law firm will investigate to determine if there was a mistake and if the case can stand up in court. This process takes months or weeks.

Medical malpractice cases are governed by different laws and the statute of limitation is usually modified. For instance in Pennsylvania the patient must file a claim within two years from the day they were aware of the malpractice, or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice occurred. This could be a problem if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body inside the body of the patient after surgery. The patient may not be aware of the object until three years after the surgery. In that scenario, the statute of limitations might have started to expire from the date the surgery instead of the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of taking care of the patient as well as the standards of medical care in the area and the specialization for the type of doctor who has similar qualifications and abilities and the ways in which the defendant violated the standards. The expert will then describe how the departure directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether or not the doctor was able to provide the required care. The experts may disagree but the fact-finder is the one who decides which expert is the most trustworthy.

It is preferential for the expert to be working in the medical field because they are more informed about current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely only on the testimony of a court.

It is also advisable to have an expert who is specialized in the area of malpractice. A medical professional with had experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to contact for your case.