How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant violated his or her obligation 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 or other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately they aren't always adhered to or even observed. This can lead to devastating consequences.

When someone suffers injury or death as a result of a doctor's negligence, they can sue the medical professional. To have a valid case the injured person must prove four legal elements including breach of duty and damages and causation.

Malpractice can be defined as an act by doctors that goes against the accepted norms of the medical profession and results in injury to patients. It is a part of tort law that deals with civil wrongs but not criminal or contractual duties.

Medical negligence differs from regular negligence because the victim must prove that the physician knew or should have known that their actions could cause harm to prove malpractice, whereas normal negligence doesn't. For instance, a surgeon who accidentally cuts a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice as the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant is under a duty to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with similar experience and training in similar circumstances could provide. The breach of duty is important because it shows that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered caused by a doctor's negligence. They can be a combination of financial loss such as the costs of future medical treatment as well as non-economic losses like suffering and pain.

To recover damages, you must show that the doctor did not fulfill a duty of care, that the doctor's deviation from that standard caused injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of the losses can be observed in a matter of minutes, for instance an error by a doctor led to an infection, or other medical complications that required additional treatment. Certain damages are more difficult to spot, such as when a doctor misdiagnoses your condition and you do not receive the right treatment.

You can sue wrongful death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the compensation you would receive in a survival suit.

In a majority of states, there are limitations on the amount you can be awarded in a oneonta malpractice law firm case. These caps differ from state to state and are often applicable to both economic and other damages. Certain states have laws that limit how long you can delay before filing an action.

Time Limits

As with all lawsuits, there are specific time frames to be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The specific time limit varies by state.

The time period can be complex and it is essential to speak with an attorney right away. The law firm will investigate to determine if there was malpractice and if the case can stand vimeo up in court. This phase can last for weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is often altered. In Pennsylvania, a patient has two years from the time when they first discovered the malpractice. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is an issue if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor mistakenly left a foreign body in the patient's body after surgery. The patient may not realize the foreign object until at least three years after the surgery. In that case the statute of limitations could have begun to expire from the date the procedure instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the doctor's duty to the patient, medical standards for doctors who have similar qualifications in their area as well as the specific ways in which the defendant's conduct was different from those standards. The expert will discuss the way in which the defendant's actions directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor met the standard of care. The experts may disagree however the fact-finder determines which expert is most credible.

It is best for an expert to be working in the medical field, as they will have a better understanding of current practices. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also advisable to hire an expert who has specialized in the field of malpractice. A medical expert with expertise in treating breast cancer, for example, can make a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala knows which experts to talk to.