How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a hospital or doctor you must prove that the defendant has violated their obligation to patients. This could include hospital and medical records.

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors or other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately these standards aren't always met, or Vimeo.com even violated. This can lead to devastating results.

A lawsuit can be filed against a medical professional when an injured patient dies because of the negligence of the doctor. To be able to make a valid claim, the patient must demonstrate that there are four legal elements present which include breach of duty, causation, and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medicine within the medical profession, and results in injury to the patient. It is a section of tort law that addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence is different from normal negligence in that the victim must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon 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 qualified health professional with similar experience and expertise would offer in similar circumstances. The breach of duty is significant because it proves that the negligent act caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you have suffered due to the negligence of a doctor. This could include financial losses, including future medical costs, and non-economic damages like discomfort and pain.

In order to recover damages, you have to prove that the doctor did not fulfill the duty of care, that the physician's deviation from the standard of care caused injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of the losses can be observed immediately, for instance the case where a doctor's error resulted in an infection or any other medical condition which required additional treatment. Some damages are more difficult to spot like when the doctor is unable to diagnose your condition and you are unable to receive the proper treatment.

You can sue wrongful death when a doctor's negligence caused your death. In these cases you are entitled to everything you could have gotten in a survival case in addition to punitive damages.

In most states, there is a limit on the amount you can be awarded in a malpractice case. The caps differ by state, and often apply to both economic and non-economic damages. Some states have laws that limit the time you can wait before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The time limit differs by state.

The time frame can be complex and it is essential to consult a lawyer right away. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be found to be valid in the court. This process can take weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is usually modified. For example, in Pennsylvania patients must submit a claim within two years of the date they realized the malpractice or when a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations begins at the time the malpractice occurred. This can be an issue if the medical malpractice does not cause any immediate symptoms. Imagine, for instance that a doctor erroneously left a foreign object in the body of a patient following surgery. The patient may not discover the foreign object until three or more years after surgery. In that situation, the statute of limitations might have started to begin running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Many medical addison malpractice attorney cases rely on expert witnesses to explain the details of the case. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards for the region and specialization for doctors with the same qualifications and experience and the ways that the defendant deviated from those standards. The expert will also explain how the defendant's departure directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and then provide their professional opinion as to whether the doctor's actions met the requirements of medical care. The experts may disagree, but the fact-finder decides which expert is the most trustworthy.

It is best that the expert continue to working in the medical field, because they will have greater understanding of current practice. Jurors and judges tend to consider professionals who are practicing more credible than experts who rely solely on the testimony of a court.

It is also advisable to get an expert witness that is specialized in the field of legal malpractice. For example an expert in medical practice who is knowledgeable about treating breast cancer could make a an argument more convincing regarding the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice lawyer will know which expert witnesses to consult for your case.