How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant breached his or her duty 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, other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not adhered to or even violated. The consequences of this breach can be devastating.

If someone suffers injury or death as a result of a doctor's negligence, they could bring a lawsuit against the medical professional. To have a valid case the patient who has been injured must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is defined as an act or omission committed by the physician that goes against the accepted norms of medicine in the medical field, and inflicts harm on the patient. It is a section of tort law, which addresses civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from normal negligence because the injured party must show that the doctor was aware that their actions could cause harm in order to prove malpractice, whereas normal negligence doesn't. For instance, a surgeon who accidentally cut a vein or nerve during surgery could be found negligent, but not malpractice since the surgeon did not intend to cause harm.

In an instance of medical malpractice, the defendant's duty is to provide the patient with the standards of care that a reasonably qualified health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is an essential aspect since it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses due to a physician's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages, such as pain and discomfort.

In order to recover damages, you must show that the doctor violated a duty of care, that the physician's deviation from the standard caused injury, and this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted in a matter of minutes, for instance when a mistake made by a doctor caused an infection or other medical complications that require additional treatment. Certain damages are more difficult to spot in the event that doctors misdiagnose your condition and you are unable to receive the proper treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You can seek punitive damages in addition the compensation you would get in a lawsuit for survival.

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

Time Limits

As with any lawsuit there are time limits which must be observed or the case could be barred. Generally speaking, a medical malpractice law firm lawsuit must be filed within two to six months of the medical malpractice occurring. The exact time frame is determined by the state.

The time frame can be complex and it is essential to consult an attorney immediately. The law firm will investigate to determine if there was a mistake and if the case could stand up in the court. This process can take months or even weeks.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. For instance, in Pennsylvania the patient must file a claim within two years of the date they were aware of the redding malpractice lawsuit, or the date 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 occurred. This could be a problem if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient may not realize the foreign object until three or more years after the surgery. In that situation the statute of limitations could have begun to start running from the date of the surgery, not from the moment the error pearland malpractice Lawsuit was discovered.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical Pearland Malpractice lawsuit (vimeo.com) cases. An expert witness for a plaintiff will testify about the doctor's duty of treating the patient with respect and the medical standards for the area and the specialization for the type of doctor with the same qualifications and experience and the manner in which the defendant deviated from the standards. The expert will explain how the deviation directly caused the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert, and offer their professional opinion about whether the doctor was able to provide the required care. It is not uncommon for experts to disagree with each other, but the factfinder decides who is the most reliable based on their experience and education.

It is preferential for the expert to be working in the medical field, because they will have more knowledge of the current practice. Judges and jurors tend to consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.

It is also recommended to get an expert witness that is specialized in the field of malpractice. A medical expert with experience treating breast cancer, for instance, can present a an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala will know which experts to speak with.