How to File a Medical Malpractice Lawsuit

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

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

Negligence

When a patient sees a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately they aren't always met or even complied with. This can cause devastating results.

A lawsuit may be filed against a medical professional if patients are injured or dies due to the malpractice of the doctor. To establish a case the patient who has been injured must prove four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medical practice in the medical field, and can cause injury to the patient. It is a part of tort law, which addresses civil wrongs not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the injured party must prove that the doctor knew, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or Vimeo nicks the nerve or vein during surgery is guilty of negligence but not malpractice. This is because the surgeon did not intend to cause harm to anyone.

In a lawsuit for medical malpractice the defendant has the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar circumstances would offer. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses due to a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic losses like pain and discomfort.

In order to recover 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 the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be seen immediately, for example the case where a doctor's error resulted in an infection or other medical issues that require additional treatment. Other damages aren't as obvious, for instance if your doctor has misdiagnosed you and you are unable to receive the right treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You may seek punitive damages in addition to the compensation you would receive in a case of survival.

In most states there are limits to the amount you can recover in a legal case. The caps differ from state to state and are often applicable to both economic and other damages. Some states also have rules that limit the time it takes to make a claim.

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The timeframe for filing a lawsuit varies by state.

The time period can be complex, and it is crucial to consult with a lawyer right away. The law firm will conduct an investigation to determine if any malpractice was committed and if it could hold up in court. This can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is modified. In Pennsylvania, a patient has two years from the time that they discovered the negligence. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This can be an issue when the mistake doesn't immediately cause symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have started at the time of the surgery, not the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help explain the facts of the case. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient and the medical standards applicable to the region and specialty for that type of physician with the same qualifications and experience and the ways in which the defendant violated 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 counter the plaintiff's expert, and offer their professional opinion on whether the doctor met the standard of care. The experts may disagree however the fact-finder determines which expert is most reliable.

It is more beneficial for the expert to working in the medical field because they'll have better understanding of current practices. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.

It is also preferable to hire an expert witness who is skilled in the area of the malpractice. A medical professional with prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala will know what expert witnesses to consult.