How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a hospital or doctor you must establish that the defendant has violated their obligation to patients. This evidence may include hospital and medical records.

Our attorneys have a wealth of experience in conducting effective depositions. They could be doctors, other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. However, in a few instances these standards are not being met or even violated. This breach can have devastating consequences.

When someone suffers injury or death because of a doctor's malpractice, they may file a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must establish four legal aspects: duty, breach, causation and damages.

Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medical practice in the medical community and inflicts harm on the patient. It is a component of tort law, which deals with civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from normal negligence because the victim must prove that the doctor knew or should have known that their actions would cause harm in order to prove malpractice, whereas normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In a medical malpractice lawsuit the defendant is bound by a duty to treat the patient according to the standards of care that a reasonably prudent healthcare professional with comparable experience and training in similar situations would provide. The breach of this obligation is a crucial element because it demonstrates that the negligent act caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic losses like discomfort and pain.

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

Some of these losses can be seen in a matter of minutes, for instance, if a doctor's mistake led to an infection, or other medical complications that required further treatment. Other damage isn't as obvious, for instance if your doctor misdiagnoses you and you aren't able to receive the proper treatment.

If a medical professional's negligence results in your death or death, you can file a lawsuit for the wrongful death. In these cases you're entitled to everything you would have received in a survival case, Vimeo plus punitive damages.

In the majority of states, there is a limit to the amount you can get in a malpractice claim. These caps vary from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict how long you can wait to make a claim.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or Vimeo the case may be barred. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice has occurred and vimeo if it will be found to be valid in the court. This process can take weeks or months.

Medical malpractice cases are governed by different laws, and the statute of limitation is frequently altered. In Pennsylvania patients are entitled to two years from the date that they discovered the malpractice. This is referred to as the discovery rule.

In some states the statutes of limitations begin to expire on the date on which the malpractice occurred. This is an issue if the error doesn't immediately cause symptoms. Imagine, for example, that a doctor negligently left a foreign body in the body of the patient after surgery. The patient might not discover the object until three years after the procedure. In that situation the statute of limitation could have begin running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help present the facts of the case. The expert of the plaintiff will testify regarding the duty of the doctor towards the patient, the medical requirements for doctors who have similar qualifications in the field and specialization, and the ways in which the defendant's conduct was different from those standards. The expert will also explain how the defendant's departure directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor was able to provide the required care. Experts could differ however the fact-finder determines 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. Jurors and judges often consider professionals who are practicing more credible than experts whose only source of income is testifying in court.

It is also better to have an expert who has specialized in the field of malpractice. A medical professional with experience treating breast cancer, for example, can make an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala will know what experts to speak with.