How to File a Medical Malpractice Lawsuit

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

Our attorneys have extensive experience in conducting effective depositions. These may be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

When a patient goes to a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. In some instances, these standards are not adhered to or even breached. This breach could have devastating consequences.

A lawsuit can be brought against a medical professional if the patient is injured or dies because of the negligence of the doctor. To be able to file a valid lawsuit, an injured patient must establish four legal elements which are breach of duty, duty, damages and causation.

malpractice law firms is defined as an act or omission committed by an individual physician that is in violation of the norms of practice accepted in the medical community and Malpractice lawsuit results in injury to the patient. It is a subset of tort law that deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence because the victim must show that the doctor was aware or ought to have known that their actions could cause harm in order to prove malpractice, whereas normal negligence doesn't. For instance a surgeon who accidentally nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice attorneys since the doctor did not intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a reasonably competent health professional with similar experience and education would provide in similar circumstances. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you sustained as a result of negligence by a doctor. This can include both financial loss such as the cost of future medical care and non-economic losses, such as pain and suffering.

In order to obtain damages, it is essential to establish that a doctor acted in violation of the duty of care and that his violation of the standard of care resulted in injury, and the injury resulted in financial losses that are quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen quickly, for example when a mistake made by a doctor caused an infection or other medical issue that require additional treatment. Some damages are more difficult to identify like when an expert misdiagnoses your illness and you don't receive the correct treatment.

If the negligence of your doctor causes your death, you can sue for the cause of death. In these claims, you are entitled to the same amount you would have received in a survival action in addition to punitive damages.

In a majority of states, there are restrictions on what you can receive in a lawsuit for malpractice. These caps vary state-to-state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are specific time frames that must be observed or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The time frame varies by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in the court. This phase can last for several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is frequently altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they 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 is problematic if the medical malpractice does not cause any immediate symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient might not find the object until three years after the surgery. In this case the statute of limitation might have started to begin running from the date of the procedure instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field and specialty and the ways that the defendant's actions were contrary to those standards. The expert will then explain how the deviation directly contributed to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the standards of care. It is common for malpractice lawsuit experts to disagree with each and yet the factfinder determines who is most credible based on their expertise and experience.

It is more beneficial for the expert to be working in the medical field, because they will have greater understanding of current practice. Jurors and judges typically consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.

It is also recommended to have an expert with expertise in the field of malpractice. For example an expert in medicine who is proficient in treating breast cancer can make a more convincing argument about the reason for the plaintiff's injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to consult for your case.