How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a hospital or doctor, you must have evidence that the defendant has violated their obligation to patients. This evidence may include medical and hospital documents.

Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately the standards aren't always met, or even violated. This can cause devastating consequences.

A lawsuit may be filed against a medical professional if patients are injured or dies because of the negligence of the doctor. To be able to file a valid lawsuit the injured person must demonstrate four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community, and can cause injury to the patient. It is an aspect of tort law that deals with civil wrongs that do not fall under contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the injured party must demonstrate that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance, malpractice lawsuit a surgeon who accidentally cuts a vein or nerve during surgery is negligent, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice lawsuit, the defendant has an obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with similar knowledge and experience in similar circumstances would offer. The breach of duty is significant because it proves that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered due to a physician's negligence. This could include financial losses, including future medical bills, and non-economic damages such as pain and discomfort.

To recover damages, it is necessary to demonstrate that a doctor did not fulfill an obligation and that his violation of the standard of care led to injuries, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified quickly, for example the case where a doctor's error caused an infection or other medical issue that required additional treatment. Other losses are not as apparent, such as when your doctor is unable to diagnose you correctly, and you're unable to receive the right treatment.

If the negligence of your doctor results in your death, you can sue for the cause of death. You may seek punitive damages in addition to the money you'd receive in a case of survival.

In the majority of states, there are restrictions on the amount you can be awarded in a lawsuit for malpractice. These limits vary from state to state and are often applicable to both economic and other damages. Some states also have rules that limit the length of time you have to wait to make a claim.

Time Limits

As with any lawsuit there are time frames to be adhered to or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The timeframe for filing a malpractice lawsuit is determined by the state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be accepted in the court. This process can take weeks or months.

Medical malpractice cases are subject to different laws, and the statute of limitation is usually modified. In Pennsylvania, a patient has two years from the date when they first discovered the malpractice. This is referred to as the discovery rule.

In some states the statutes of limitation begin to run on the date that the malpractice occurred. This can be an issue if the malpractice does not cause any immediate symptoms. For instance, suppose doctors mistakenly leave a foreign object in the body following surgery. The patient might not find the object until three years after the procedure. In this instance, the statutes of limitations could have been at the time of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice compensation cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards for the area and in the specialty of doctors with the same qualifications and experience and the ways in which the defendant's actions were in violation of those standards. The expert will then describe how the deviance directly led to the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether or not the doctor was in compliance with the standards of care. Experts could differ however the fact-finder determines 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 practice. Jurors and judges typically find practicing professionals more credible than experts who solely rely on the testimony of a court.

It is also better to choose an expert with expertise in the area of malpractice. For instance, malpractice lawsuit a medical expert who is knowledgeable about dealing with breast cancer can present a an argument that is more convincing about the cause of the plaintiff's injuries. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to consult for your case.