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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This can be evidence from hospitals and medical records.

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

Negligence

If a patient is seen by a doctor or hospital professional, they are entitled to certain standards of medical treatment. In some instances, these standards are not being met or even violated. The consequences of this breach can be devastating.

A lawsuit may be brought against a medical professional when a patient is injured or suffers a death due to the negligence of the doctor. To have a valid case, the person who was injured must establish four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medicine within the medical profession, and results in injury to the patient. It is a section of tort law that covers civil violations, not criminal offenses or contractual duties.

Medical negligence is different from normal negligence in that the party who suffers has to demonstrate that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to cause harm to anyone.

In a medical malpractice case the defendant is bound by the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances would offer. The breach of duty is crucial because it demonstrates that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered caused by a doctor's negligence. These can include both actual financial loss, such as the costs of future medical treatment, and non-economic losses such as pain and suffering.

To recover damages, you need to demonstrate that a doctor did not fulfill an obligation or obligation, and that his lapse from the standard of care led to injury, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or other medical complications and you required further treatment in the aftermath. Other losses are not as evident, for instance, if your doctor misdiagnoses you, and you are not able to receive the right treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. In these cases, you are entitled to the same amount you would have received in a survival case as well as punitive damages.

In most states there are limits on the amount you can recover in a legal case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The time limit differs by state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice lawyer has occurred and if it will hold up in the court. This process can take weeks or months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they realized the negligence. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This is an issue if the error does not immediately trigger symptoms. Imagine, for instance that a doctor mistakenly left a foreign body in the body of the patient after surgery. The patient might not find the foreign object until three or more years after the surgery. In that situation the statute of limitation could have expire from the date the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of care to the patient and the medical standards for the area and the specialization for doctors who has similar qualifications and abilities and the ways in which the defendant's actions were in violation of those standards. The expert will discuss why the defendant's omission directly caused the injury to the patient.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor met the standards of care. Experts could differ however the fact-finder determines which expert is the most credible.

It is better for the expert to be working in the medical field, as they will have a better understanding of current practices. Judges and jurors often believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also preferable to hire an expert witness who specializes in the field of legal malpractice. For example an expert in medicine who is experienced in treating breast cancer could make a an argument that is more convincing about the cause of the plaintiff's injury. A medical malpractice lawyers attorney in Ocala will know what expert witnesses to consult.