How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This could include hospital and medical documents.

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

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. The consequences of this breach can be devastating.

A lawsuit may be filed against a medical professional when patients are injured or dies as a result of the negligence of the physician. To prove a case the patient who has been injured must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice is defined as an act or omission committed by a physician that deviates from the norms of practice accepted in the medical community, and causes injury to the patient. It is a component of tort law that addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the party who suffers has to prove 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 does not. For example the surgeon who cut a vein or nerve during surgery is negligent, but not malpractice because the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in accordance with the standards of care that a qualified health professional with similar experience and expertise could provide in similar situations. The breach of duty is crucial since it establishes that the negligent act caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses caused by a doctor's negligence. This could include financial losses, like future medical costs, and non-economic damages, such as pain and discomfort.

To recover damages, it is necessary to show that a doctor has violated an obligation and that his deviance from the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for example the case where a doctor's error led to an infection, or other medical issues that required additional treatment. Other damages aren't as evident, for instance, if your doctor is unable to diagnose you correctly, and you're unable to receive the proper treatment.

If your doctor's malpractice results in your death, you can sue for wrongful death. In these claims, you are entitled to all the benefits you would have gotten in a lawsuit for survival, plus punitive damages.

In the majority of states, there is a limit on what you can claim in a malpractice case. These caps vary from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits there are time frames which must be adhered to or the case may be barred. A malpractice lawsuit should generally be filed between two and six years after the incident occurred. The exact time frame is determined by the state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and if the case will be heard in court. This phase can last for months or even weeks.

Medical malpractice cases have different laws than other types of cases and typically, the statute of limitations is modified. For example, in Pennsylvania the patient has to file a claim within two years from the time they discovered the malpractice or when a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In some states, the statutes of limitations begin to run on the date the homewood malpractice law firm occurred. This could be problematic if the act does not immediately trigger symptoms. Imagine, for instance, that a doctor mistakenly left a foreign body inside the patient's body after surgery. The patient might not find the foreign object until three or more years after surgery. In this case, the statute of limitations could have begin running from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical shillington malpractice lawsuit cases. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, the medical standards for doctors who have similar qualifications in the field as well as the specific ways in which the defendant's conduct was different from those standards. The expert will discuss how the defendant's deviance directly caused the injury to the patient.

The defendant will engage an expert to challenge the plaintiff's expert, and then provide their professional opinion on whether the doctor's treatment was consistent with standards of care. It is common for the experts to differ with each with respect to their opinions, but the factfinder decides who is the most trustworthy on their knowledge and experience.

It is better for an expert to be working in the medical field, because they'll have better understanding of current practices. Judges and jurors tend to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also better to have an expert who specializes in the area of malpractice. A medical expert with expertise in treating breast cancer, for instance, can provide an argument that is convincing as to the cause of an injury. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to call for your case.