How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant acted in breach of his or her obligation to patients. This evidence could be a medical and hospital documents.

Our lawyers are adept at taking depositions that are effective for witnesses. They could be doctors or other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. In some instances, these standards are not being met or even violated. This can lead to devastating consequences.

When someone is injured or death as a result of a doctor's malpractice, they may file a lawsuit against the medical professional. To prove a case the patient who has been injured must demonstrate four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the norms of practice accepted in the medical community and results in injury to the patient. It is a section of tort law, which addresses civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware, or ought to have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice case the defendant has a legal obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with the same expertise and training in similar situations would provide. The breach of this obligation is a crucial aspect because it proves that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you suffered as a result of the negligence of a physician. They can be a combination of financial loss, such as the cost of future medical expenses, and non-economic losses such as suffering and pain.

To be able to claim damages, you have to prove that the doctor breached a duty of care, that the doctor's deviation from the standard caused injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of the losses can be observed immediately, for example, if a doctor's mistake resulted in an infection or other medical issue that required further treatment. Other damages aren't as evident, like when your doctor is unable to diagnose you correctly, and you're unable to get the correct treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. In these cases, you are entitled to everything you would have received in a survival lawsuit in addition to punitive damages.

In many states, there is a limit on what you can receive in a malpractice law firms case. These caps vary from state to state, and are typically applicable to both economic and other damages. Certain states have laws that limit the time you have to wait before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The timeframe for filing a lawsuit is determined by the state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be accepted in court. This stage takes weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitations is changed. For instance in Pennsylvania patients must file a claim within 2 years from the date they discovered the malpractice or when a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This is a problem when the malpractice is not immediately causing symptoms. Imagine, for instance, that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient may not discover the foreign object until at least three years after surgery. In this situation, the statutes of limitations could have been at the time of surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient and the medical standards applicable to the region and specialization for the type of doctor with the same qualifications and experience and the ways in which the defendant departed from the standards. The expert will explain how the deviation directly contributed to the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standards of care. It is common for experts to disagree with each and yet the fact finder decides who is the most trustworthy based on their experience and education.

It is better for the expert to still working in the medical field, because they'll have greater understanding of current practice. Jurors and judges tend to find practicing professionals more credible than those who rely exclusively on court testimony.

It is also beneficial to work with an expert who has specialized in the area of malpractice. A medical expert with had experience treating breast cancer for instance, could present a an argument that is convincing as to the cause of an injury. A medical malpractice attorney in Ocala will know what experts to speak with.