How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or a hospital you must prove that the defendant has violated their obligation to patients. This can be evidence from hospitals and medical records.

Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals who are in private practice or staff at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical care. However, in a few instances these standards are not being met or even violated. This can cause devastating results.

A lawsuit can be brought against a medical professional when an injured patient dies because of the negligence of that doctor. In order to file a valid claim, the patient must prove that there are four legal elements in place such as breach of duty, causation, and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms within the medical community and causes harm to a patient. It is a part of tort law, which is concerned with civil wrongs not criminal offenses or contractual obligations.

Medical negligence is distinct 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 going to cause harm before they can claim malpractice. Normal negligence doesn't. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery would be guilty of negligence but not malpractice as the doctor did not intend to cause harm.

In an instance of medical malpractice the defendant's responsibility is to treat the patient in line with the standard of care a qualified health professional with similar experience and expertise would offer in similar circumstances. The breach of duty is important because it demonstrates that the negligence alleged caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you suffered due to a doctor's negligence. This can include both financial loss, such as the cost of future medical expenses as well as non-economic losses like pain and suffering.

To be able to claim damages, you must prove that the doctor breached a duty of care, that the physician's deviation from that standard caused injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an illness or other medical issue that required additional treatment because of it. Certain damages are more difficult to see like when doctors misdiagnose your condition and you don't receive the correct treatment.

If a doctor's error causes your death or death, you can file a lawsuit for the wrongful death. In these claims you're legally entitled to all the compensation you could have gotten in a survival case and punitive damages.

In many states, there are limits on the amount you can be awarded when you file a claim for malpractice. These caps vary by state and Malpractice lawsuits usually apply to both economic and non-economic damages. Certain states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The deadline varies according to state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be accepted in the court. This can take weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is usually modified. For instance in Pennsylvania patients must file a claim within 2 years from the day they realized the malpractice or when a reasonable person should have realized the injury existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This is a problem when the malpractice does not immediately trigger symptoms. For instance, suppose an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient might not discover the object until three years after the procedure. In that scenario the statute of limitations could have begun to run from the date of the surgery, not from the 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 on the duty of the doctor towards the patient, the medical requirements for doctors who have similar qualifications in the same area as well as the specific ways the defendant deviated from the standard. The expert will also explain the way in which the defendant's actions directly caused the injury to the patient.

The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether the doctor was able to provide the required care. It is common for experts to differ with each however the fact finder decides who is most credible based on their education and experience.

It is preferential for the expert to remain working in the medical field since they are more knowledgeable about current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also advisable to hire an expert witness who is skilled in the area of the malpractice lawsuits (click through the following website). A medical expert with had experience treating breast cancer for instance, could present a an argument convincingly as to the reason for an injury. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.