How to File a Medical Malpractice Lawsuit

In bringing a medical sullivan malpractice lawyer suit against a hospital or doctor requires proof that the defendant violated his or her duty to patients. This could include hospital and medical documents.

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

Negligence

If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met, or even violated. This breach could have devastating consequences.

A lawsuit may be filed against a medical professional when the patient is injured or dies due to the malpractice of the physician. To have a valid claim, the patient must demonstrate that there are four legal elements present: duty, breach of duty, causation, and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of practice in the medical community and inflicts harm on the patient. It is a subset of tort law, which deals with civil wrongs that are not legally binding or criminal in nature.

Medical negligence is distinct from normal negligence in that the party who suffers has to demonstrate that the doctor knew, or ought to have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to cause harm to anyone.

In a medical malpractice case the defendant's responsibility is to treat the patient in line with the standards of care that a reasonably knowledgeable health professional with similar experience and training would offer in similar circumstances. The violation of this duty is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered due to a physician's negligence. This can include both financial loss such as the expense of medical treatment in the future, and non-economic losses such as pain and suffering.

To recover damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from the standard of care resulted in injury, Vimeo and this injury resulted in quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of the losses can be observed immediately, for instance, if a doctor's mistake caused an infection or other medical issue which required additional treatment. Some damage is more difficult to detect like when the doctor is unable to diagnose your condition and you don't receive the proper treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these cases you are entitled to the same amount you would have gotten in a survival case, plus punitive damages.

In most states, there are limits on what you can receive in a lawsuit for malpractice. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that limit the length of time you have to wait to start a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to or the case could be barred. A malpractice suit must typically be filed between two and six years after the act occurred. The time limit differs by state.

The time limit can be complex, and it is crucial to consult with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in court. This process takes several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is extended. For instance in Pennsylvania the patient must file a claim within 2 years from the time they were aware of the malpractice, or when a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run on the date on which the malpractice occurred. This can be an issue if the error does not immediately trigger symptoms. For instance, suppose a doctor negligently leaves an object foreign to the body after surgery. The patient might not find the object until three years after the surgery. In that scenario the statute of limitation could have run from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and in the specialty of this type of doctor with the same qualifications and experience and the manner in which the defendant's actions were in violation of the standards. The expert will discuss why the defendant's omission directly impacted the patient's injuries.

The defendant will hire a professional to counter the plaintiff's expert, and offer their professional opinion regarding whether the doctor's actions met the standards of care. It is common for experts to disagree with each and yet the fact finder determines who is the most trustworthy on their expertise and experience.

It is more beneficial for the expert to working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who rely solely on court testimony.

It is also advisable to have an expert witness that is specialized in the field of fraud. A medical expert with had experience treating breast cancer for instance, can present a an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala knows which experts to ask.