How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit (vimeo.Com) against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This evidence can include hospital and medical records.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors or other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.

A lawsuit can be filed against a medical professional when patients are injured or dies because of the negligence of that doctor. To have a legitimate claim, the injured patient must prove that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice can be defined as an action by the doctor that is against the norms of the medical profession and results in harm to a patient. It is a subset of tort law that deals with civil wrongs that are not contractual duties or criminal offenses.

Medical negligence differs from regular negligence in that the victim must prove that the physician knew or should have known that their actions would cause harm in order to prove malpractice, whereas normal negligence is not required. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to cause harm to anyone.

In a medical malpractice case the defendant's obligation is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and training could provide in similar situations. The breach of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses as a result a doctor's negligence. They can be a combination of financial loss, like the expense of medical treatment in the future as well as non-economic losses like pain and suffering.

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

Certain of these losses can be seen quickly, for example the case where a doctor's error caused an infection or any other medical condition that required further treatment. Other damages are less readily obvious, for instance if your doctor is unable to diagnose you correctly, and you aren't able to receive the appropriate treatment.

You may sue for wrongful deaths if your doctor's negligence causes your death. In these claims you're legally entitled to all the compensation you would have gotten in a survival case as well as punitive damages.

In the majority of states, there are limits on the amount you can be awarded in a eugene malpractice law firm claim. These limits vary from state to state, and are typically applicable to both financial and other damages. Some states have laws that limit the length of time you have to wait before filing a lawsuit.

Time Limits

Like any lawsuit, there are specific time frames which must be adhered to or the case will be dismissed. A malpractice lawsuit must generally be filed between two and six years following the time when the mishap occurred. The specific time limit varies by state.

It is important to consult an attorney as soon as you can. The law firm will investigate to determine if there was a mistake and whether the case will stand up in the court. This can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is frequently altered. For instance in Pennsylvania a patient must file a claim within two years from the date they were aware of the malpractice, or malpractice lawsuit the date 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 to run from the date the malpractice happened. This can be an issue if the error does not cause immediate symptoms. For instance, suppose a doctor negligently leaves an object foreign to the body following surgery. The patient may not discover the foreign object until three or more years after surgery. 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

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. The expert of the plaintiff will testify about the duty of the doctor to the patient, the medical guidelines for doctors with similar qualifications in the area and specialization, and the ways the defendant deviated from the standards. The expert will then describe how the deviance directly led to the patient's injury.

The defendant will engage a professional to counter the plaintiff’s expert, and then provide their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. It is not uncommon for experts to disagree with one and yet the factfinder determines who is most credible based on their experience and education.

It is preferential for the expert to remain working in the medical field because they are more knowledgeable about the current practices. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also beneficial to work with an expert who has specialized in the area of malpractice. For example an expert in medicine who is well versed in treating breast cancer can make an even more convincing case for the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know the best experts to speak with.