How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. In some instances, these standards are not adhered to or even violated. The results of this breach could be devastating.

A lawsuit can be filed against a medical professional if an injured patient dies because of the negligence of that doctor. To prove a case, the person who was injured must establish four legal elements including breach of duty and damages and causation.

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

Medical negligence differs from regular negligence in that the victim has to demonstrate that the doctor knew, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to cause harm to anyone.

In a case of medical farmington hills malpractice attorney the defendant has an obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with the same experience and education in similar circumstances would provide. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you suffered as a result of negligence by a doctor. They can be a combination of financial losses, such as the expense of medical treatment in the future, and non-economic losses such as pain and suffering.

To recover damages, you have to prove that the doctor violated the duty of care, that the doctor's deviation from the norm caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for instance, if a doctor's mistake resulted in an infection or other medical issues that require additional treatment. Some damage is more difficult to detect like when the doctor is unable to diagnose your condition and you do not receive the proper treatment.

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

In the majority of states, there are limitations on what you can claim in a malpractice claim. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states have laws that limit the length of time you can wait before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to or the case may be barred. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The time frame varies by state.

The time frame can be complex and it is essential to consult with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be able to stand in the court. This can take months or even weeks.

Medical malpractice cases are subject to different laws and the statute of limitation is often altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they discovered the negligence. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This can be a problem if the medical error doesn't cause immediate symptoms. As an example, suppose doctors mistakenly leave a foreign object in the body after surgery. The patient may not realize the foreign object until three or more years after the surgery. In that case the statute of limitations might have started to start running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for a plaintiff will discuss the doctor's obligation of treating the patient with respect as well as the standards of medical care in the area and in the specialty of that type of physician with the same qualifications and experience and the ways in which the defendant departed from those standards. The expert will discuss the way in which the defendant's actions directly impacted the victim's injury.

The defendant will hire an expert to counter the plaintiff's expert and give their professional opinion as to whether the doctor was in compliance with the standards of care. Experts could differ, lawsuits but the fact-finder decides which expert is most credible.

It is best for the expert to be working in the medical field as they are more knowledgeable about current practice. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is testimony in court.

It is also better to have an expert who is specialized in the area of malpractice. A medical expert with had experience treating breast cancer for instance, could present a an argument convincingly as to the reason for an injury. A medical malpractice lawyer in Ocala will know the best experts to ask.