How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant breached his or her duty to patients. This evidence can include hospital and medical records.

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

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately these standards aren't always met, or even violated. This can cause devastating results.

A lawsuit can be filed against a medical professional if an injured patient dies due to the malpractice of the doctor. In order to have a valid claim, the patient must prove that there are four legal elements present which include breach of duty, causation, and damages.

Malpractice is defined as an act by doctors that goes against the accepted norms within the medical profession and results in harm to patients. It is a section of tort law, Malpractice lawyers which deals with civil wrongs not criminal offenses or contractual obligations.

Medical negligence is different from normal negligence in that the party who suffers has to prove that the doctor knew, or ought to have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For example, a surgeon who accidentally cut a vein or nerve during surgery would be in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a medical malpractice case, the defendant's duty is to provide the patient with the standards of care that a knowledgeable health professional with similar experience and training would provide in similar circumstances. The violation of this duty is an essential element since it proves that the negligent act caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you sustained due to the negligence of a doctor. They can be a combination of financial loss such as the costs of future medical treatment and non-economic losses, like suffering and pain.

To recover damages, it is necessary to demonstrate that a doctor did not fulfill an obligation and that his deviance from the standard of care led to 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 can be identified in a matter of minutes, for instance an error by a doctor caused an infection or other medical issues which required additional treatment. Some damages are more difficult to spot, such as when doctors misdiagnose your condition and you are unable to receive the right treatment.

If the negligence of your doctor causes you to die and you are unable to sue, you may be able to sue for the cause of death. In these cases you're entitled to everything you would have gotten in a survival case, plus punitive damages.

In many states, there are limits to the amount you can recover in a legal case. These caps vary by state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be adhered to or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The deadline for filing a malpractice lawsuit varies from state to state.

It is crucial to consult an attorney as soon as you can. The law firm will investigate to determine if there was a mistake and if the case will stand up in court. This process takes weeks or months.

Medical malpractice law firms cases are governed by different laws and the statute of limitations is often altered. In Pennsylvania the patient is entitled to two years from the date when they first discovered the error. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This can be problematic if the act does not immediately cause symptoms. Consider, for instance, that a doctor erroneously left a foreign body inside the body of a patient following surgery. The patient might not find the foreign object until three or more years after surgery. In this case the statute of limitations could have begun in the year following the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the details of the case. The expert of the plaintiff will testify on the doctor's duty to the patient, medical guidelines for doctors who have similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to the standard. The expert will also explain why the defendant's omission directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for the experts to disagree with one and yet the factfinder determines who is the most trustworthy on their expertise and experience.

It is recommended for the expert to be working in the medical field as they are more knowledgeable about current practice. Jurors and judges typically believe that practicing professionals are more credible than experts whose only source of income is testimony in court.

It is also recommended to use an expert witness who is skilled in the field of malpractice. For instance a medical professional who is well versed in treating breast cancer can provide an argument that is more convincing about the cause of the plaintiff's injury. A medical malpractice lawyer in Ocala knows which expert witnesses to consult.