How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit - great post to read, against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This evidence may include hospital and medical records.

Our lawyers have experience taking effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical care. In some instances, these standards are not met or are even violated. The consequences of this breach could be devastating.

If someone suffers injury or malpractice lawsuit death as a result of a physician's negligence, they could pursue a lawsuit against the medical professional. To prove a case, the person who was injured must establish four legal elements including breach of duty and causation and damages.

Malpractice is described as an act performed by an individual doctor that is not in line with the norms of the medical field and can cause harm to the patient. It is an aspect of tort law, which deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the person who is injured must show that the doctor was aware or ought to have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In a case of medical malpractice the defendant has an obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with the same experience and training in similar circumstances would provide. The breach of duty is crucial because it proves that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, such as future medical costs, as well as non-economic damages, such as pain and discomfort.

To recover damages, you must prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the norm caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses can be spotted quickly, for example the case where a doctor's error caused an infection or other medical issue that required further treatment. Certain damages are more difficult to see, such as when the doctor is unable to diagnose your condition and you don't receive the right treatment.

If a doctor's error causes your death then you can sue for the wrongful death. You may be able to claim punitive damages in addition the compensation you would get in a lawsuit for survival.

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

Time Limits

Like any lawsuit, there are deadlines that must be followed or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The time limit differs by state.

The time frame can be complicated and it is important to consult with a lawyer immediately. The law firm will conduct an investigation to determine if malpractice has occurred and if it will hold up in the court. This stage can take weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is often modified. In Pennsylvania, a patient has two years from the time that they were aware of the malpractice. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This could be problematic if the act does not immediately cause symptoms. Imagine, for instance that a doctor has negligently left a foreign body in the patient's body after surgery. The patient may not be aware of the object until three years after the procedure. In this situation the statute of limitations could have started running from the date of surgery, not the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to 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 region and specialization for the type of doctor who has similar qualifications and abilities and the ways in which the defendant departed from those standards. The expert will explain how the deviation directly contributed to the patient's injury.

The defendant will contract a professional to counter the plaintiff's expert and offer their professional opinion as to whether the doctor's treatment was consistent with standards of care. The experts may disagree but the fact-finder is the one who decides which expert is most reliable.

It is better for the expert to still be working in the medical field because they will have better understanding of current practices. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also beneficial to get an expert witness who is skilled in the field of legal malpractice attorney. A medical professional who has prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the cause of an injury. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.