How to File a Medical Malpractice Lawsuit

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

Our lawyers are skilled at deposing witnesses in a professional manner. These may be doctors or other medical professionals in private practice, or staff members 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. Unfortunately these standards aren't always met or even violated. The consequences of this breach could be devastating.

When someone suffers injury or death due to a doctor's negligence, they can file a lawsuit against the medical professional. To have a valid case the patient who has been injured must establish four legal elements including breach of duty and damages and causation.

Malpractice can be defined as an action by doctors that goes against the norms of the medical field and can cause injury to patients. It is an aspect of tort law which covers civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence differs from regular negligence in that the victim must prove that the doctor was aware that their actions could cause harm in order to claim malpractice, but normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to cause harm to anyone.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standards of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances would provide. The violation of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are in relation to the losses you suffered due to the negligence of a doctor. This can include both financial losses, like future medical bills, and non-economic losses like pain and discomfort.

To recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the standard of care caused injury, and the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that led to an infection or other medical complications that required additional treatment as a result. Certain damages are more difficult to see, such as when an expert misdiagnoses your illness and you cannot get the right treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these claims you are legally entitled to all the compensation you could have gotten in a survival case and punitive damages.

In the majority of states, there are limitations on the amount you can recover in a legal case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit how long you can wait before filing an action.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to, or the case may be barred. Generally speaking, a malpractice law firms lawsuit must be filed within two to six years after the medical malpractice occurring. The exact time frame is different for each state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could be found to be valid in the court. This can take months or even weeks.

Medical malpractice cases are subject to different laws and the statute of limitations is frequently altered. In Pennsylvania, a patient has two years from the time that they realized the negligence. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This could be problematic if the act does not immediately cause symptoms. For instance, suppose a doctor negligently leaves an object that is foreign in the body following surgery. The patient might not find the object until three years after the procedure. In this situation, the statutes of limitations could have begun at the time of surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient and the medical standards for the region and specialty for doctors with similar qualifications and expertise and the ways that the defendant's actions were in violation of the standards. The expert will discuss how the defendant's deviance 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 met the standards of care. It is common for experts to disagree with each with respect to their opinions, but the fact finder determines who is the most trustworthy based on their education and experience.

It is preferential that the expert continue to be working in the medical field since they'll have a better understanding of current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also advisable to hire an expert witness who is skilled in the field of fraud. A medical expert who has had experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice lawsuits attorney will be aware of the experts to refer your case.