How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a hospital or doctor, you must have evidence that the defendant has breached their obligation to patients. This could include hospital and medical documents.

Our lawyers have years of experience in taking effective depositions. They could be doctors or 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. In some instances, these standards are not met, or even violated. This breach could have devastating results.

A lawsuit can be brought against a medical professional if an injured patient suffers a death due to the negligence of that doctor. To have a valid claim, the injured patient must prove that four legal elements are present which include breach of duty, causation, and damages.

Malpractice is described as an act performed by the doctor that is against the accepted norms of the medical community and causes harm to the patient. It is a subset of tort law that deals with civil wrongs that are not legally binding or criminal in nature.

Medical negligence differs from normal negligence in that the person who is injured must show that the doctor was aware or ought to have known that their actions would cause harm to assert malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In a lawsuit for medical malpractice the defendant has the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar knowledge and experience in similar circumstances would offer. The violation of this duty is an essential aspect since it shows that the negligent act caused the injury.

Damages

In a malpractice case, damages are determined based on the losses you have suffered due to a physician's negligence. They can be a combination of financial loss, like the costs of future medical treatment, and non-economic losses such as pain and suffering.

To be able to claim damages, it is necessary to show that a doctor has violated an obligation and that his violation of the standard of care resulted in injury, Firm and the injury resulted in measurable financial costs. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that led to an illness or other medical issue and you required further treatment as a result. Some damages are more difficult to identify in the event that a doctor misdiagnoses your condition and you do not receive the right treatment.

You may sue for firm wrongful deaths in the event that your doctor's negligence results in your death. In these claims you're entitled to the same amount you could have gotten in a survival lawsuit as well as punitive damages.

In most states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states have laws that limit how long you can delay before filing an action.

Time Limits

Like all lawsuits, there are time limits which must be followed or the case may be barred. A malpractice lawsuit should generally 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 essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be able to stand in court. This process can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is modified. For instance, in Pennsylvania the patient has to submit a claim within two years from the time they were aware of the malpractice, or that a reasonable person should have realized the injury existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to expire on the date on which the medical error occurred. This could be an issue if the mistake does not trigger any immediate symptoms. As an example, suppose doctors mistakenly leave a foreign object in the body after surgery. The patient may not discover the foreign object until three or more years after surgery. In that situation, the statute of limitations could have begun to expire from the date the procedure, not the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. A plaintiff's expert will testify regarding doctors' obligations to the patient, the medical standards for doctors with similar qualifications in their area as well as the specific ways that the defendant's actions were contrary to those standards. The expert will explain how the defendant's deviance directly impacted the patient's injuries.

The defendant will employ an expert to counter the plaintiff's expert, and offer their professional opinion as to whether the doctor was in compliance with the standards of care. The experts could disagree but the fact-finder will decide 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. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also advisable to hire an expert who has specialized in the area of malpractice. A medical expert with prior experience treating breast cancer for instance, could present a an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know what expert witnesses to consult.