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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals who are in private practice or staff at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately these standards aren't always met or even complied with. The consequences of this breach could be devastating.

A lawsuit can be brought against a medical professional when a patient is injured or dies as a result of the negligence of the doctor. To have a valid case, an injured patient must establish four legal aspects which are breach of duty, duty, damages and causation.

malpractice law firms can be described as an act performed by doctors that goes against the accepted norms within the medical profession and results in injury to the patient. It is a subset of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the injured party must prove that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery would be in the wrong of negligence, but not malpractice as the doctor was not aiming to cause harm.

In a medical malpractice case the defendant's responsibility is to provide the patient with the standard of care a knowledgeable health professional with similar experience and training would provide in similar circumstances. The breach of this duty is a critical element since it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you sustained as a result of a doctor's negligence. These can include both actual financial loss, such as the costs of future medical treatment and non-economic losses, like suffering and pain.

In order to recover damages, it is essential to show that a doctor has violated the duty of care or obligation, and that his lapse from the standard of care resulted in injuries, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made a mistake that led to an infection or other medical problem that required additional treatment because of it. Other damages are less readily obvious, for instance if your doctor has misdiagnosed you and you aren't able to receive the proper treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. In these claims, you are entitled to the same amount you would have received in a survival case as well as punitive damages.

In many states, there is a limit to the amount you can get in a lawsuit for malpractice. The caps differ from state to state and are often applicable to both financial and other damages. Certain states also have rules that restrict the time it takes to file a lawsuit.

Time Limits

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

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice law firm has occurred and if it will be able to stand in court. This can take months or even weeks.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they were aware of the malpractice. This is called the discovery rule.

In some states, the statutes of limitations begin to run from the date the malpractice occurred. This can be a problem if the medical malpractice does not cause any immediate symptoms. For instance, suppose that doctors mistakenly leave an object that is foreign in the body following surgery. The patient might not discover the object until three years after the surgery. In this scenario, the statutes of limitations could have been running from the date of surgery, not the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialization for the type of doctor who has similar qualifications and abilities and the ways the defendant violated those standards. The expert will then describe how the departure directly contributed to the patient's injury.

The defendant will hire an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the standard of care. Experts could differ but the fact-finder is the one who decides which expert is the most credible.

It is recommended for the expert to remain working in the medical field because they are more knowledgeable about current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to choose an expert who is specialized in the field of malpractice. For example an expert in medicine who is knowledgeable about treating breast cancer can make an even more convincing case for the reason for an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.