How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant breached his or her obligation to patients. This evidence could be a medical and hospital records.

Our lawyers have experience taking effective depositions of witnesses. These may be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately the standards aren't always met or even violated. This breach could have devastating results.

A lawsuit can be brought against a medical professional if a patient is injured or dies because of the negligence of the physician. To establish a case the patient who has been injured must prove four legal elements including breach of duty and causation and damages.

Malpractice is described as an act performed by an individual doctor that is not in line with the accepted norms within the medical field and can cause injury to a patient. It is an aspect of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence because the victim must show that the doctor was aware or ought to have known that their actions could cause harm in order to be able to claim malpractice, however normal negligence is not required. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be found negligent, but not malpractice because the doctor did not intend to cause harm.

In a case of medical malpractice the defendant has a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable experience and training in similar situations would provide. The violation of this obligation is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of malpractice are in relation to the losses you have suffered due to the negligence of a physician. This can include both financial losses, including future medical costs, as well as non-economic damages, such as pain and discomfort.

In order to obtain damages, it is necessary to prove that a doctor violated the duty of care, that his deviation from the standard of care resulted in injury, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that typically 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 complications that required additional treatment as a result. Some damages are more difficult to identify for instance, when doctors misdiagnose your condition and you do not receive the proper treatment.

If your doctor's malpractice leads to your death or death, you can file a lawsuit for the cause of death. You may be able to claim punitive damages in addition the compensation you would receive in a case of survival.

In most states, there are restrictions to the amount you can get when you file a claim for malpractice. These caps vary state-to-state and usually apply to both economic and non-economic damages. Some states also have rules that limit how long you can wait to make a claim.

Time Limits

As with any lawsuit there are time frames to be adhered to or the case may be barred. Generally speaking, a medical mesquite malpractice law firm lawsuit must be filed within two to six months of the medical malpractice occurring. The exact time frame is different for each state.

The time limit can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if any Cedar City Malpractice Attorney occurred and if it will be accepted in the court. This stage can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is often altered. For instance, in Pennsylvania a patient must make a claim within two years from the day they discovered the malpractice or when a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This is an issue when the mistake does not immediately cause symptoms. Imagine, for instance, that a doctor erroneously left a foreign body in the body of the patient following surgery. The patient might not find the object until three years after the procedure. In that situation the statute of limitation could have begun to expire from the date the surgery, not from 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. A plaintiff's expert witness will testify about the doctor's duty of taking care of the patient and the medical standards for the region and specialization for that type of physician who has similar qualifications and abilities and the ways that the defendant violated those standards. The expert will also explain 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 about whether the doctor was in compliance with the standards of care. It is normal for experts to disagree with one other, but the fact finder decides who is the most reliable based on their education and experience.

It is best for the expert to continue working in the medical field because they are more knowledgeable about current practice. Jurors and judges typically consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also recommended to get an expert witness who specializes in the field of malpractice. For example a medical professional who is experienced in treating breast cancer can provide an even more convincing case for the reason for a plaintiff's injury. An experienced Ocala medical malpractice lawyer will know which experts to contact for your case.