How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her duty to patients. This evidence could be a medical and hospital documents.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health professional. However, in a few instances these standards are not met, or even violated. This can lead to devastating consequences.

A lawsuit can be filed against a medical professional when a patient is injured or suffers a death due to the negligence of the physician. To prove a case, the person who was injured must prove four legal elements including breach of duty and causation and damages.

Malpractice can be defined as an act by doctors that goes against the accepted norms within the medical community and causes harm to a patient. It is a subset of tort law that addresses civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm to assert malpractice law firm, however normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or malpractice vein during surgery is guilty of negligence but not negligence. This is because the surgeon didn't intend to harm anyone.

In a medical malpractice case the defendant has a legal obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances could provide. The breach of this duty is a critical element because it demonstrates that the negligent act caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you have suffered due to a doctor's negligence. These can include both actual financial losses, such as the costs of future medical treatment and non-economic losses, such as pain and suffering.

In order to obtain damages, it is necessary to show that a doctor has violated the law, that his deviation from the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made a mistake that led to an infection or medical condition and you needed to seek additional treatment in the aftermath. Other damage isn't as obvious, for instance if your doctor is unable to diagnose you correctly, and you're unable to get the correct treatment.

If a doctor's error causes your death or death, you can file a lawsuit for the cause of death. In these claims you are legally entitled to all the compensation you would have gotten in a survival case and punitive damages.

In most states, there are restrictions on what you can receive when you file a claim for malpractice. These caps vary by state and malpractice typically apply to both economic and non-economic damages. Certain states have laws that limit how long you can delay before filing a lawsuit.

Time Limits

Like any lawsuit there are certain time frames that must be followed or the case could be barred. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The time frame varies by state.

The time period can be complex, and it is crucial to consult with a lawyer immediately. The law firm will investigate to determine if there was a mistake and if the case can be heard in court. This stage takes months or weeks.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania the patient is entitled to two years from the date that they discovered the malpractice. This is referred to as the discovery rule.

In some states the statutes of limitation begin to expire on the date when the malpractice occurred. This can be an issue if the medical error does not cause immediate symptoms. As an example, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient might not discover the object until three years after the surgery. In that scenario the statute of limitations might have started to expire from the date the surgery, not from the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. A plaintiff's expert witness will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards applicable to the region and specialty for that type of physician with similar qualifications and expertise and the ways the defendant's actions were in violation of those standards. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will engage an expert to counter the plaintiff's expert and give their professional opinion on whether the doctor was able to provide the required care. It is not uncommon for experts to differ with each and yet the factfinder determines who is the most trustworthy based on their education and experience.

It is recommended for the expert to remain working in the medical profession since they are more informed about current practice. Judges and jurors are likely to find practicing professionals more credible than experts who rely only on the testimony of a court.

It is also advisable to work with an expert who is specialized in the field of malpractice. A medical professional who has expertise in treating breast cancer, for instance, can provide an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice attorney will know which expert witnesses to consult for your case.