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 documents.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, these standards are not always met, or even violated. This breach can have devastating results.

When someone suffers injury or death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. In order to have a valid claim, the patient must demonstrate that four legal elements exist such as breach of duty, causation and damages.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms of the medical field and malpractice lawsuit can cause harm to a patient. It is an aspect of tort law that deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the injured party must prove that the doctor knew, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to harm anyone.

In a case of medical malpractice the defendant is under the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with the same expertise and training in similar circumstances would provide. The breach of duty is crucial because it shows that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you suffered due to the negligence of a doctor. This could include financial losses, such as future medical bills, and non-economic damages like discomfort and pain.

In order to recover damages, you need to prove that a doctor violated the law, that his deviation from the standard of care resulted in injury, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen immediately, for instance an error by a doctor resulted in an infection or other medical issues that required further treatment. Other damages are less readily evident, like when your doctor is unable to diagnose you correctly, and you're unable to receive the appropriate treatment.

If your doctor's malpractice causes you to die or death, you can file a lawsuit for the cause of death. In these claims you're entitled to the same amount you would have received in a lawsuit for survival in addition to punitive damages.

In most states there are limitations on the amount you can recover in a legal case. These caps differ from state to state and are usually applicable to both financial and other damages. Some states have laws that limit how long you can delay before filing an action.

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a malpractice lawsuit (n.I.gh.t.m.A.re.zzro@211.45.131.201) must be filed within two to six years of the medical malpractice lawsuits arising. The deadline varies according to state.

It is important to consult an attorney as soon as you can. The law firm will investigate to determine if there were any mistakes and whether the case will be heard in the court. This phase can last for up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is modified. In Pennsylvania, a patient has two years from the time that they realized the malpractice. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be an issue if the medical malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor erroneously left a foreign body inside the patient's body after surgery. The patient may not realize the object until three years after the procedure. In this situation the statute of limitations may have started in the year following the date of the surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. An expert witness for a plaintiff will discuss the doctor's obligation of treating the patient with respect and the medical standards applicable to the area and in the specialty of doctors who has similar qualifications and abilities and the ways the defendant departed from those standards. The expert will also explain why the defendant's omission directly impacted the patient's injuries.

The defendant will engage an expert to challenge the plaintiff's expert and then provide their professional opinion regarding whether the doctor met the requirements of medical care. Experts may differ but the fact-finder is the one who decides which expert is most trustworthy.

It is best for the expert to remain working in the medical field since they are more knowledgeable about current practices. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is testifying in court.

It is also advisable to hire an expert witness who has expertise in the area of the legal malpractice. For example a medical professional who is knowledgeable about treating breast cancer could make a an even more convincing case for the cause of a plaintiff's injury. A medical malpractice lawyer in Ocala will know which experts to talk to.