How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence can include hospital and medical records.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors or other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

When a patient sees a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately, these standards are not always met or even violated. This breach can have devastating consequences.

A lawsuit may be filed against a medical professional when an injured patient dies as a result of the negligence of the physician. To be able to file a valid lawsuit the injured person must establish four legal elements: duty, breach, causation and damages.

Malpractice can be described as an act performed by a doctor that is outside the accepted norms of the medical field and can cause injury to a patient. It is a part of tort law, which is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware or ought to have known that their actions could cause harm to assert malpractice, however normal negligence doesn't. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with comparable expertise and training in similar situations would provide. The breach of this duty is a critical aspect since it shows that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered caused by a doctor's negligence. This can include both financial losses, malpractice including future medical costs, and non-economic damages like pain and discomfort.

To claim damages, you must show that the doctor did not fulfill the duty of care, that the physician's deviation from that standard caused injury, and that this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of the losses can be observed in a matter of minutes, for instance the case where a doctor's error caused an infection or other medical issues that require additional treatment. Other damage isn't as evident, for instance, if your doctor misdiagnoses you, and you aren't able to receive the right treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You may be able to claim punitive damages in addition to the compensation you'd receive in a survival suit.

In the majority of states, there are limitations to the amount you can get in a malpractice claim. These caps vary by state and typically apply to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or the case could be thrown out. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The time limit differs by state.

The time limit can be complicated, so it is vital to consult with a lawyer immediately. The law firm will investigate to determine if there was malpractice and if the case can be heard in court. This phase can last for several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For instance in Pennsylvania patients must make a claim within two years from the time they were aware of the calistoga malpractice law firm, or when a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In certain states the statutes of limitation start to run on the date when the malpractice occurred. This could be an issue if the medical mistake does not trigger any immediate symptoms. For example, suppose the doctor is negligently leaving an object foreign to the body following surgery. The patient may not realize the foreign object until at least three years after surgery. In that scenario, the statute of limitations could have run from the date of the procedure, not the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of taking care of the patient and the medical standards applicable to the region and specialty for the type of doctor with similar qualifications and skills and the ways the defendant deviated from those standards. The expert will discuss why the defendant's omission directly impacted the victim's injury.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion on whether or not the doctor was able to provide the required care. It is common for experts to differ with each however the factfinder determines who is most credible based on their expertise and experience.

It is preferential for the expert to be still working in the medical field since they are more knowledgeable about the current practices. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who solely rely on court testimony.

It is also better to have an expert who is specialized in the area of malpractice. A medical expert who has had experience treating breast cancer for instance, can provide an argument that is convincing as to the cause of an injury. A medical malpractice attorney in Ocala will know which experts to ask.