How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or a hospital it is necessary to prove that the defendant has breached their duty to patients. This evidence could include hospital and medical records.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, Vimeo these standards are not always met or even violated. The consequences of this breach can be devastating.

A lawsuit can be brought against a medical professional when the patient is injured or dies as a result of the negligence of the physician. To be able to file a valid lawsuit, the person who was injured must demonstrate four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of practice within the medical profession, and causes injury to the patient. It is a part of tort law that is concerned with civil wrongs and not criminal offences or contractual obligations.

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

In a lawsuit for medical malpractice the defendant is under the obligation of treating the patient according to the standard of care a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances would provide. The breach of this duty is a critical aspect because it proves that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you have suffered due to negligence by a doctor. These could include both financial loss such as the costs of future medical treatment as well as non-economic losses like pain and suffering.

To be able to claim damages, you must show that the doctor violated the duty of care, that the physician's deviation from that standard caused injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance, if a doctor's mistake led to an infection, or other medical issue that required further treatment. Other losses are not as evident, like when your doctor misdiagnoses you and you aren't able to receive the appropriate treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for the wrongful death. In these claims, you are entitled to the same amount you would have received in a survival case in addition to punitive damages.

In the majority of states, there is a limit on the amount you can be awarded in a malpractice claim. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. 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 there was a malpractice was committed and if it could be found to be valid in the court. This process can take months or Vimeo even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitation is usually modified. For example, in Pennsylvania patients must file a claim within two years from the date they were aware of the malpractice, or the date a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This could be an issue if the malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign object in the patient's body after surgery. The patient might not find the foreign object until at least three years after surgery. In this instance the statute of limitations may have started beginning from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor's duty of treating the patient with respect and the medical standards applicable to the area and in the specialty of the type of doctor with similar qualifications and skills and the ways that the defendant departed from those standards. The expert will then explain how the departure directly contributed to the injury suffered by the patient.

The defendant will hire an expert to challenge the plaintiff's expert, and give their professional opinion about whether the doctor met the guidelines of care. Experts may differ but the fact-finder is the one who decides which expert is the most trustworthy.

It is more beneficial for the expert to working in the medical field, since they'll have a greater understanding of current practice. Judges and jurors often consider professionals who are practicing more credible than experts whose only source of income is testimony in court.

It is also recommended to work with an expert who specializes in the field of malpractice. For example an expert in medical practice who is proficient in dealing with breast cancer can present a an argument more convincing regarding the cause of a plaintiff's injury. A medical malpractice lawyer in Ocala will know what experts to ask.