How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit [similar web-site] against a hospital or doctor requires proof that the defendant violated his or her duty to patients. This evidence could include hospital and medical records.

Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors, other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, these standards are not always adhered to or even observed. This breach could have devastating results.

When someone suffers injury or death due to a doctor's negligence, they could file a lawsuit against the medical professional. To prove a case the patient who has been injured must demonstrate four legal elements which are breach of duty, duty, causation and damages.

Malpractice can be defined as an action by doctors that goes against the accepted norms of the medical profession and causes injury to a patient. It is a component of tort law, which is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence differs from regular negligence in that the victim has to demonstrate that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For example the surgeon who creates a cut on a vein or nerve during surgery could be found guilty of negligence but not malpractice as the doctor was not aiming to cause harm.

In a medical malpractice case the defendant's obligation is to provide the patient with the standards of care that a reasonably prudent health care professional of similar experience and training would provide in similar circumstances. The breach of this duty is a critical aspect because it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you sustained as a result of negligence by a doctor. This could include financial losses, like future medical bills, and non-economic damages like discomfort and pain.

In order to recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the norm resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses can be spotted immediately, for instance the case where a doctor's error resulted in an infection or other medical issue that require additional treatment. Some damages are more difficult to spot like when a doctor misdiagnoses your condition and you are unable to receive the proper treatment.

If a doctor's error leads to your death and you are unable to sue, you may be able to sue for the cause of death. You can seek punitive damages in addition to the compensation you would receive in a survival lawsuit.

In many states, there are limits on the amount you can be awarded when you file a claim for malpractice. These caps differ from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to, or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The exact time frame varies by state.

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

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is changed. For example in Pennsylvania the patient has to make a claim within two years from the day they discovered the malpractice or when a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice occurred. This could be a problem when the malpractice lawsuits does not immediately cause symptoms. For example, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient might not find the object until three years after the procedure. In this scenario the statute of limitations may have started in the year following the date of the surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the facts of the case. An expert witness for the plaintiff will testify about the doctor's duty of treating the patient with respect, the medical standards in the area and in the specialty of that type of physician who has similar qualifications and abilities and the ways in which the defendant's actions were in violation of the standards. The expert will then explain how the deviance directly led to the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor was able to provide the required care. It is not uncommon for experts to disagree with each with respect to their opinions, but the fact finder decides who is most credible based on their experience and education.

It is preferential for an expert to be working in the medical field as they will have a greater understanding of current practice. 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 beneficial to choose an expert who is specialized in the area of malpractice. For instance an expert in medicine who is proficient in treating breast cancer can provide an argument that is more convincing about the cause of a plaintiff's injury. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to refer your case.