How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a physician or hospital, you must have evidence that the defendant has violated their duty towards patients. This evidence could include medical and hospital documents.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. However, in a few instances these standards are not met, or even violated. The consequences of this breach can be devastating.

If someone suffers injury or death because of a doctor's malpractice, they may bring a lawsuit against the medical professional. To establish a case, the person who was injured must establish four legal aspects: duty, breach, damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community, and can cause injury to the patient. It is a section of tort law that deals with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence because the victim must prove that the physician was aware that their actions could cause harm to claim malpractice, but normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery is guilty of negligence but not malpractice because the surgeon did not intend to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient according with the standards of care that a prudent health care professional of similar experience and education would offer in similar circumstances. The breach of this obligation is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a apple valley malpractice law firm lawsuit, damages are dependent on the losses you sustained as a result of negligence by a doctor. These can include both actual financial loss, like the costs of future medical treatment, and non-economic losses like suffering and pain.

In order to recover damages, it is necessary to show that a doctor has violated the law or obligation, and that his lapse from the standard of care resulted in injury, and that the injury had quantifiable financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made a mistake that led to an illness or other medical issue that required additional treatment as a result. Certain damages are more difficult to spot, such as when an expert misdiagnoses your illness and you don't receive the correct treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. In these claims you're entitled to all the benefits you would have received in a survival action as well as punitive damages.

In most states, there are restrictions on what you can claim when you file a claim for malpractice. These caps vary from state to state and are often applicable to both economic and other damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The specific time limit varies by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice was committed and if it could hold up in court. This process can take weeks or malpractice months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is extended. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the negligence. This is known as the discovery rule.

In certain states the statutes of limitation begin to expire on the date when the medical error occurred. This can be problematic if the act is not immediately causing symptoms. For example, suppose the doctor is negligently leaving an object that is foreign in the body following surgery. The patient may not discover the foreign object until three or more years after the surgery. In that case, the statute of limitations could have expire from the date the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. A plaintiff's expert will testify about the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the same area and specialty and the ways in which the defendant's conduct was different from the standard. The expert will also explain how the departure directly led to the injury suffered by the patient.

The defendant will employ a professional to counter the plaintiff's expert, and offer their professional opinion as to whether the doctor's actions met the guidelines of care. The experts may disagree but the fact-finder will decide which expert is the most reliable.

It is best for the expert to remain working in the medical field since they are more knowledgeable about current practice. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also better to hire an expert who is specialized in the field of malpractice. A medical expert who has expertise in treating breast cancer, for instance, can present a an argument convincingly as to the reason for an injury. A medical malpractice attorney in Ocala will know what expert witnesses to consult.