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 violated their obligation to patients. This evidence could be a hospital and medical documents.

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

Negligence

Patients have the right to receive certain standards of care when they visit a doctor, hospital or health care professional. In some instances, these standards are not being met or even breached. This can cause devastating results.

A lawsuit may be brought against a medical professional if a patient is injured or dies due to the malpractice of the doctor. To have a valid case the patient who has been injured must establish four legal aspects that include breach of duty, 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 practice in the medical field, and can cause injury to the patient. It is a subset of tort law which covers civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is distinct from normal negligence in that the person who is injured has to demonstrate that the doctor was aware, Vimeo or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a reasonably knowledgeable health professional with similar experience and expertise could provide in similar situations. The breach of duty is significant because it proves that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses caused by a doctor's negligence. These could include both financial loss such as the cost of future medical expenses as well as non-economic losses like suffering and pain.

To recover damages, it is essential to show that a doctor has violated a duty and that his deviance from the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident, such as if your doctor made a mistake that led to an illness or other medical issue that required additional treatment as a result. Other damages are less readily evident, like when your doctor has misdiagnosed you and you aren't able to get the correct treatment.

If a doctor's error results in your death and you are unable to sue, you may be able to sue for the cause of death. You may seek punitive damages in addition the compensation you'd receive in a survival lawsuit.

In the majority of states, there are limits to the amount you can recover in a malpractice case. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states have laws that limit the time you can delay before filing an action.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The deadline varies according to state.

It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there were any mistakes and if the case will stand up in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is modified. For instance, in Pennsylvania patients must submit a claim within two years from the time they discovered the malpractice law firm or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In some states the statutes of limitations start to run on the date the medical error occurred. This could be an issue if the error doesn't immediately cause symptoms. For example, suppose doctors mistakenly leave a foreign object inside the body following surgery. The patient may not discover the foreign object until at least three years after the surgery. In this scenario the statute of limitations could have begun beginning from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, the medical standards for doctors who have similar qualifications in the area and field, and the ways that the defendant's actions were contrary to the standard. The expert will also explain how the deviation directly contributed to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert, Vimeo and offer their professional opinion on whether or not the doctor met the standard of care. It is normal for experts to disagree with one however the fact finder determines who is the most trustworthy based on their education and experience.

It is best for the expert to be working in the medical profession since they are more informed about current practice. Jurors and judges tend to find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also recommended to work with an expert who is specialized in the field of malpractice. For example, a medical expert who is knowledgeable about treating breast cancer can provide a more convincing argument about the reason for an injury suffered by a plaintiff. A medical malpractice attorney in Ocala knows which experts to speak with.