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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 duty to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They may be doctors, other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

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

A lawsuit can be brought against a medical professional if the patient is injured or dies due to the malpractice of the doctor. To be able to file a valid lawsuit the injured person must prove four legal elements: duty, breach, damages and causation.

malpractice law firms is defined as an act or omission committed by medical professionals that is contrary to the norms of practice accepted in the medical field, and can cause injury to the patient. It is a part of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the victim must prove that the physician knew or should have known that their actions would cause harm in order to claim malpractice, but normal negligence doesn't. For instance, a surgeon who accidentally cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice lawsuit the defendant has an obligation to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with similar experience and education in similar circumstances would provide. The breach of this obligation is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you sustained due to the negligence of a doctor. This can include both financial loss, like the cost of future medical care, and non-economic losses like pain and suffering.

To be able to claim damages, you must prove that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care resulted in injury, and that this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that caused an infection or other medical complications and you needed to seek additional treatment due to the result. Some damages are more difficult to see for instance, when the doctor is unable to diagnose your condition and you don't receive the correct treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these claims you are entitled to everything you would have gotten in a survival action and punitive damages.

In most states, there are limits to the amount you can recover in a legal case. These caps vary by state and typically apply to both economic and non-economic damages. Some states have laws that limit the time you have to wait before filing a lawsuit.

Time Limits

As with any lawsuit there are time frames that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The time limit differs by state.

The time limit is complex and it is essential to consult with an attorney right away. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be accepted in court. This process takes several weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitations is usually modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the negligence. This is called the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This can be problematic if the medical mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient may not discover the foreign object until at least three years after the surgery. In this case the statute of limitation could have begun to begin running from the date of the surgery, not from the discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to clarify the facts of the case. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, medical standards for physicians with similar qualifications in the area and specialty and the ways in which the defendant's conduct was different from those standards. The expert will describe the way in which the defendant's actions directly impacted the victim's injury.

The defendant will hire a professional to counter the plaintiff's expert, and provide their professional opinion regarding whether the doctor met the requirements of medical care. It is normal for experts to disagree with one and yet the fact finder determines who is the most reliable based on their knowledge and experience.

It is preferential that the expert continue to working in the medical field, because they'll have better knowledge of current practices. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also recommended to use an expert witness who specializes in the field of malpractice. For example an expert in medicine who is proficient in dealing with breast cancer can present a a more convincing argument about the cause of the plaintiff's injury. A medical malpractice lawyer in Ocala will know what experts to talk to.