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How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant violated his or her duty to patients. This evidence could be a medical and hospital records.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors or other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately they aren't always adhered to or even observed. This can cause devastating consequences.

A lawsuit may be filed against a medical professional when an injured patient dies as a result of the negligence of the physician. In order to file a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of practice in the medical field, and can cause injury to the patient. It is a part of tort law, which covers civil violations and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured has to demonstrate that the doctor was aware, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For example a surgeon who accidentally cut a vein or nerve during surgery could be found guilty of negligence but not malpractice since the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice, the defendant has a duty to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with comparable expertise and training in similar circumstances would offer. The breach of duty is crucial because it proves that the alleged negligence caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages such as discomfort and pain.

In order to recover damages, you have to prove that the doctor breached the duty of care, that the doctor's deviation from that standard resulted in injury, and the injury caused quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses can be spotted in a matter of minutes, for instance an error by a doctor caused an infection or other medical complications that required additional treatment. Other damage isn't as evident, like when your doctor is unable to diagnose you correctly, and you are not able to receive the right treatment.

You may sue for wrongful deaths if your doctor's negligence causes your death. You may be able to claim punitive damages in addition to the money you would receive in a survival suit.

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 typically applicable to both financial and other damages. Some states also have rules that limit the time you have to wait to start a lawsuit.

Time Limits

As with all lawsuits there are time limits that must be observed or the case could be dismissed. Generally speaking, attorneys a malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as possible. The law firm will investigate to determine if there was any malpractice and if the case could stand up in the court. This process can take up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania the patient is entitled to two years from the time that they were aware of the malpractice. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This could be an issue if the error Attorneys doesn't immediately cause symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the body of the patient following surgery. The patient may not be aware of the object until three years after the surgery. In this situation the statute of limitations could have begun running from the date of surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of treating the patient with respect, the medical standards in the area and the specialization for the type of doctor with similar qualifications and expertise and the ways the defendant's actions were in violation of those standards. The expert will explain how the departure directly contributed to the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor met the standards of care. It is common for experts to differ with each and yet the factfinder decides who is the most reliable based on their education and experience.

It is preferential for the expert to continue working in the medical field since they are more knowledgeable about current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also recommended to choose an expert who specializes in the area of malpractice. A medical expert with expertise in treating breast cancer, for instance, can provide an argument that is convincing as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to contact for your case.