How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her duty to patients. This evidence could include hospital and medical records.

Our lawyers are adept at conducting effective depositions of witnesses. They could be doctors, Vimeo other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately, in some instances these standards are not met, or even breached. The results of this breach can be devastating.

A lawsuit can be filed against a medical professional if an injured patient dies because of the negligence of the physician. To be able to file a valid lawsuit, an injured patient must establish four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medical practice in the medical community, and causes injury to the patient. It is a component of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from normal negligence in that the person who is injured has to demonstrate 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 nicks or cuts a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to hurt anyone.

In a medical malpractice case the defendant is bound by a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with the same experience and education in similar circumstances would offer. The violation of this duty is a critical aspect since it shows that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you suffered as a result of negligence by a doctor. This can include both financial losses, like future medical bills, and non-economic losses like pain and discomfort.

To claim damages, you must prove that the doctor violated a duty of care, that the doctor's deviation from the standard of care caused injury, and that the injury caused quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that led to an infection or other medical problem and you required further treatment because of it. Other damages are less readily apparent, such as when your doctor misdiagnoses you, and you are not able to receive the proper treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. You can claim punitive damages in addition to the amount you'd receive in a survival suit.

In the majority of states, there is a limit to the amount you can get in a malpractice case. These caps vary from state to state and are usually applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to make a claim.

Time Limits

As with any lawsuit there are time frames that must be observed or the case could be barred. A malpractice suit must typically be filed between two and six years after the incident occurred. The deadline varies according to state.

The time limit is complicated, so it is vital to consult with an attorney right away. The law firm will conduct an investigation to determine if there was malpractice and whether the case will be heard in the court. This stage takes weeks or months.

Medical malpractice cases involve different laws than other types of cases, and Vimeo often the statute of limitations is altered. For example, in Pennsylvania patients must submit a claim within two years of the date they were aware of 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 starts at the time the malpractice happened. This could be problematic if the medical error doesn't cause immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body in the body of a patient following surgery. The patient may not realize the object until three years after the procedure. In that situation, the statute of limitations could have begun to begin running from the date of the procedure instead of the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. The expert of the plaintiff will testify on the duty of the doctor towards the patient, medical standards for doctors with similar qualifications in the same area and specialization, and the ways that the defendant's actions were contrary to the standard. The expert will explain how the defendant's departure directly caused the injury to the patient.

The defendant will engage a professional to counter the plaintiff’s expert, and offer their professional opinion on whether the doctor's treatment was consistent with guidelines of care. It is normal for experts to disagree with each however the fact finder decides who is most credible based on their expertise and experience.

It is best for the expert to remain working in the medical profession since they are more knowledgeable about current practices. Judges and jurors typically consider professionals who are practicing more credible than experts whose only source of income is testifying in court.

It is also recommended to use an expert witness who has expertise in the area of the negligence. For example a medical professional who is experienced in dealing with breast cancer can present a a more convincing argument about the cause of a plaintiff's injury. A medical malpractice lawyer in Ocala will know the best experts to talk to.