How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires proof that the defendant violated his or her obligation to patients. This could include hospital and medical records.

Our lawyers are skilled at taking effective depositions of witnesses. These may be doctors or other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. In some instances, these standards are not met or are even breached. This breach could have devastating consequences.

When someone is injured or death because of a doctor's negligence, they can bring a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must prove that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice can be described as an act performed by doctors that goes against the norms of the medical community and causes injury to the patient. It is a subset of tort law, which deals with civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence is distinct from normal negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For example the surgeon who cut a vein or nerve during surgery could be found guilty of negligence but not malpractice (click through the next site) since the doctor did not intend to cause harm.

In a medical malpractice case the defendant is bound by the obligation of treating the patient according to the standards of care that a reasonably competent healthcare professional with the same experience and education in similar situations would provide. The breach of duty is significant since it establishes that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered as a result a doctor's negligence. This can include both financial losses, such as future medical costs, and non-economic losses like pain and discomfort.

In order to obtain damages, it is necessary to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care led to injuries, and the damage caused financial harm that was quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified quickly, for example an error by a doctor led to an infection, or any other medical condition which required additional treatment. Some damages are more difficult to detect in the event that doctors misdiagnose your condition and you don't receive the right treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. In these claims you are entitled to everything you would have received in a survival case in addition to punitive damages.

In most states, there are limitations on the amount you can be awarded in a malpractice case. These limits vary from state to state, and are typically applicable to both economic and other damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

Like any lawsuit there are certain time limits that must be observed or the case could be dismissed. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The timeframe for filing a malpractice lawsuit is different for each state.

The time period can be complicated, so it is vital to consult with an attorney immediately. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be accepted in the court. This phase can last for up to a few weeks or even months.

Medical malpractice lawyers cases are subject to different laws, and the statute of limitation is frequently altered. For example in Pennsylvania the patient has to make a claim within two years from the time they realized the malpractice or the date a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice occurred. This could be problematic if the act is not immediately causing symptoms. For example, suppose a doctor negligently leaves an object that is foreign in the body following surgery. The patient might not discover the object until three years after the procedure. In that scenario the statute of limitations could have begun to begin running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the facts of the case. An expert witness for a plaintiff will discuss the doctor's obligation of providing medical care to the patient and the medical standards for the area and in the specialty of this type of doctor with similar qualifications and expertise and the ways in which the defendant's actions were in violation of those standards. The expert will explain how the defendant's deviance directly impacted the patient's injuries.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion on whether or not the doctor met the standards of care. It is common for the experts to differ with each however the factfinder determines who is the most trustworthy based on their expertise and experience.

It is best for the expert to be still working in the medical field because they are more informed about current practice. Judges and jurors often consider practicing professionals more believable than experts whose only source of income is the testifying in court.

It is also recommended to choose an expert who is specialized in the area of malpractice. For instance a medical professional who is experienced in dealing with breast cancer can present a a more convincing argument about the cause of the plaintiff's injuries. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to call for your case.