How to File a Medical Malpractice Lawsuit

A medical malpractice lawyer lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical documents.

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

Negligence

If a patient is seen by a doctor or hospital professional, they are entitled to certain standards of medical treatment. However, in a few instances these standards are not met or are even violated. This breach can have devastating consequences.

A lawsuit can be brought against a medical professional when patients are injured or suffers a death due to the negligence of the physician. To have a valid claim, the patient must prove that there are four legal elements in place which include 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 community and inflicts harm on the patient. It is a subset of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence is different from normal negligence in that the injured party must demonstrate that the doctor knew, or ought to have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery could be in the wrong of negligence, but not malpractice because the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant is bound by a legal obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with the same knowledge and experience in similar circumstances would offer. The breach of duty is important because it shows that the negligent act caused the injury.

Damages

In a case of malpractice law firm, damages are determined based on the losses you have suffered caused by a doctor's negligence. This could include financial losses, including future medical costs, as well as non-economic damages, such as pain and discomfort.

In order to obtain damages, you need to prove that a doctor violated an obligation or obligation, and that his lapse from the standard of care led to injury, and that the injury resulted in measurable financial costs. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that caused an infection or medical condition and you needed to seek additional treatment due to the result. Other damages are less readily obvious, for instance if your doctor misdiagnoses you and you are unable to receive the right treatment.

If a medical professional's negligence leads to your death then you can sue for the wrongful death. You may be able to claim punitive damages in addition the compensation you'd get in a lawsuit for survival.

In a majority of states, there is a limit on what you can receive when you file a claim for malpractice. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

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

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there was any malpractice and if the case can stand up in the court. This process can take months or even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. In Pennsylvania patients are entitled to two years from the time that they discovered the error. This is known as the discovery rule.

In some states, the statutes of limitations begin to run from the date the malpractice occurred. This can be problematic if the act does not immediately cause symptoms. Imagine, for instance that a doctor mistakenly left a foreign body inside the body of a patient following surgery. The patient might not discover the object until three years after the surgery. In that scenario the statute of limitation might have started to run from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. Expert witnesses for plaintiffs will testify about the doctor's duty of treating the patient with respect and the medical standards applicable to the area and the specialization for doctors with similar qualifications and expertise and the ways that the defendant deviated from the standards. The expert will explain how the deviance directly caused the injury of the patient.

The defendant will contract a professional to counter the plaintiff’s expert, and give their professional opinion about whether the doctor met the standards of care. It is common for the experts to differ with each and yet the factfinder determines who is the most trustworthy based on their expertise and experience.

It is more beneficial for an expert to be working in the medical field, because they will have greater understanding of current practice. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also preferable to get an expert witness who specializes in the field of legal malpractice. A medical expert who has had experience treating breast cancer for malpractice lawsuit instance, can present a an argument that is convincing as to the reason for malpractice lawsuit an injury. A medical malpractice attorney in Ocala knows which experts to talk to.