How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a doctor or hospital it is necessary to prove that the defendant has violated their duty towards patients. This can be evidence from hospitals and medical documents.

Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. In some instances, malpractice lawsuit these standards are not met, or even violated. The results of this breach can be devastating.

If someone is injured or suffers death as a result of a doctor's malpractice, they may pursue a lawsuit against the medical professional. To prove a case, an injured patient must establish four legal elements that include breach of duty, breach of duty, causation and damages.

malpractice law firms is defined as an act or omission by a physician that deviates from the accepted norms of medicine within the medical profession, and inflicts harm on the patient. It is a subset of tort law, which deals with civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence differs from regular negligence in that the injured party has to prove that the doctor knew, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to hurt anyone.

In a medical malpractice lawsuit the defendant is bound by an obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with comparable knowledge and experience in similar circumstances would offer. The violation of this duty is an essential element since it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered due to a physician's negligence. These can include both actual financial loss, such as the cost of future medical care and non-economic losses, such as suffering and malpractice lawsuit pain.

To be able to claim damages, you must prove that the doctor did not fulfill a duty of care, that the physician's deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance, if a doctor's mistake caused an infection or other medical issue that required further treatment. Other damage isn't as obvious, for instance if your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.

If your doctor's malpractice causes you to die, you can sue for the wrongful death. You may seek punitive damages in addition to the money you'd receive in a survival lawsuit.

In the majority of states, there are restrictions on the amount you can be awarded in a lawsuit for malpractice. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be able to stand in court. This process can take months or weeks.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is modified. For example in Pennsylvania the patient must file a claim within two years from the time they were aware of the malpractice, or the date a reasonable person should have realized 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 happened. This is a problem if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign body in the body of a patient following surgery. The patient may not realize the object until three years after the procedure. In this case the statute of limitations could have started at the time of surgery rather than the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the facts of the case. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards for the area and in the specialty of the type of doctor with similar qualifications and expertise and the manner in which the defendant violated the standards. The expert will also explain how the deviation directly caused the injury suffered by the patient.

The defendant will employ a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor's treatment was consistent with standards of care. Experts could differ but the fact-finder is the one who decides which expert is the most credible.

It is best for the expert to remain working in the medical field since they are more informed about current practice. Judges and jurors tend to consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to use an expert witness who specializes in the field of legal malpractice. For instance, a medical expert who is knowledgeable about treating breast cancer can make an even more convincing case for the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know the best experts to ask.