How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of experience in taking depositions that are effective. They could be doctors, other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health professional. Unfortunately they aren't always adhered to or Vimeo even observed. The results of this breach can be devastating.

A lawsuit can be filed against a medical professional when patients are injured or dies due to the malpractice of the physician. To prove a case, an injured patient must establish four legal aspects that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as an action by the doctor that is against the accepted norms within the medical profession and results in harm to patients. It is an aspect of tort law that addresses civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must demonstrate that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they can claim malpractice lawyer. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks an artery 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 is under the obligation of treating the patient according to the standard of care a reasonably prudent healthcare professional with the same expertise and training in similar situations would provide. The violation of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you sustained due to the negligence of a doctor. These can include both actual financial loss such as the cost of future medical care as well as non-economic losses like suffering and pain.

In order to recover damages, you must show that the doctor did not fulfill the duty of care, that the doctor's deviation from that standard resulted in injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that led to an infection or medical condition and you needed to seek additional treatment as a result. Other damage isn't as evident, for vimeo instance, if your doctor misdiagnoses you, and you're unable to receive the proper treatment.

If a doctor's error causes your death, you can sue for wrongful death. In these claims you're entitled to all the benefits you would have received in a survival lawsuit in addition to punitive damages.

In the majority of states, there are limitations on what you can claim in a malpractice case. The caps differ from state to state and are often applicable to both financial and other damages. Certain states also have rules that limit the length of time you have to wait to file a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case could be thrown out. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The specific time limit varies by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice was committed and if it could be found to be valid in the court. This stage can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is extended. For example, in Pennsylvania the patient has to make a claim within two years from the time they discovered the malpractice or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the error does not immediately cause symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient may not be aware of the object until three years after the procedure. In this situation, the statutes of limitations could have started beginning from the date of the surgery, not the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of care to the patient and the medical standards applicable to the area and the specialization for the type of doctor who has similar qualifications and abilities and the manner in which the defendant violated those standards. The expert will explain how the departure directly caused the injury suffered by the patient.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor was able to provide the required care. Experts could differ but the fact-finder will decide which expert is most credible.

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

It is also preferable to have an expert witness who specializes in the area of the legal malpractice. A medical professional who has had experience treating breast cancer for instance, can present a an argument convincingly as to the reason for an injury. A medical kansas city malpractice law firm attorney in Ocala will know which experts to talk to.