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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice attorney suit against a doctor or hospital must prove that the defendant breached his or her duty to patients. This evidence could include hospital and medical documents.

Our lawyers are adept at conducting effective depositions of witnesses. These may be doctors or other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health professional. Unfortunately the standards aren't always met or even complied with. This breach can have devastating consequences.

If someone suffers injury or death as a result of a physician's negligence, they could pursue a lawsuit against the medical professional. To be able to file a valid lawsuit, the person who was injured must establish four legal aspects: duty, breach, damages and causation.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms in the medical profession and results in harm to a patient. It is a part of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence because the injured party must prove that the physician was aware that their actions could cause harm to claim malpractice, but normal negligence is not required. For example the surgeon who cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice since the doctor didn't intend to cause harm.

In the case of medical negligence, the defendant's duty is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and expertise would provide in similar circumstances. The breach of duty is important because it demonstrates that the negligent act caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered due to a doctor's negligence. This can include both financial losses, such as the expense of medical treatment in the future as well as non-economic losses such as suffering and pain.

To recover damages, you must prove that the doctor violated the duty of care, that the doctor's deviation from that standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be seen immediately, for instance when a mistake made by a doctor caused an infection or any other medical condition that require additional treatment. Some damage is more difficult to see like when doctors misdiagnose your condition and you cannot get the right treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. You may be able to claim punitive damages in addition to the amount you would receive in a survival suit.

In most states there are limitations on the amount you can recover in a legal case. These caps differ from state to state, and are typically applicable to both financial and other damages. Some states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be followed or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice attorneys. The time frame varies by state.

The time frame can be complex and it is essential to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be accepted in the court. This can take several weeks or even months.

Medical Malpractice (m1Bar.Com) cases have different laws than other types of cases and often the statute of limitation is modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the negligence. This is known as the discovery rule.

In other states, the statute of limitations begins at the time the malpractice happened. This is problematic if the act does not immediately trigger symptoms. For example, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient may not realize the object until three years after the surgery. In that case, the statute of limitations might have started to start running from the date of the surgery instead of the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the details of the case. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, medical standards for doctors with similar qualifications in the same area and specialty and the ways in which the defendant's conduct was different from the standard. The expert will describe how the defendant's departure directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and give their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. It is not uncommon for experts to disagree with one with respect to their opinions, but the factfinder determines who is most credible based on their experience and education.

It is advisable for the expert to remain working in the medical field as they are more knowledgeable about the current practices. Jurors and judges tend to believe that practicing professionals are more trustworthy than experts who rely solely on court testimony.

It is also recommended to use an expert witness who is skilled in the field of legal malpractice. A medical professional who has had experience treating breast cancer for example, can make a convincing argument as to the cause of an injury. A medical malpractice lawyer in Ocala will know what expert witnesses to consult.