How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or hospital you must prove that the defendant has breached their duty towards patients. This evidence can include hospital and medical documents.

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors or other medical professionals working in private practice, attorneys 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 met, or even breached. The results of this breach could be devastating.

A lawsuit may be filed against a medical professional if patients are injured or dies as a result of the negligence of the doctor. To be able to file a valid lawsuit, an injured patient must establish four legal aspects including breach of duty and damages and causation.

woodbury malpractice attorney can be described as an act performed by doctors that goes against the accepted norms within the medical community and causes harm to a patient. It is a component of tort law that addresses civil wrongs but not criminal or contractual obligations.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor knew or should have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In a medical malpractice case, the defendant's duty is to treat the patient according with the standard of care that a reasonably competent health professional with similar experience and training could provide in similar situations. The breach of this duty is an essential element since it proves that the negligent act caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you have suffered due to the negligence of a doctor. This can include both financial losses, such as the costs of future medical treatment and non-economic losses, such as pain and suffering.

In order to recover damages, you have to prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the norm resulted in injury, and this injury had quantifiable monetary consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted in a matter of minutes, for instance the case where a doctor's error caused an infection or any other medical condition that require additional treatment. Some damages are more difficult to see for instance, when a doctor misdiagnoses your condition and you are unable to receive the correct treatment.

If a medical professional's negligence results in your death then you can sue for the wrongful death. You can seek punitive damages in addition to the compensation you would receive in a survival suit.

In most states there are limits on the amount you can recover in a legal case. These caps vary from state to state and are usually applicable to both financial and other damages. Some states have laws that limit how long you have to wait before filing an action.

Time Limits

As with all lawsuits, there are specific time frames to be adhered to or the case will be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit differs by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if any st matthews malpractice attorney occurred and whether it will hold up in court. This stage can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time when they first discovered the negligence. This is called the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This could be a problem if the medical malpractice does not cause any immediate symptoms. Imagine, for instance that a doctor erroneously left a foreign body inside the body of the patient after surgery. The patient may not realize the object until three years after the surgery. In this situation, the statutes of limitations could have begun running from the date of surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help present the facts of the case. An expert witness for the plaintiff will testify about the doctor's duty to the patient, the medical standards for physicians who have similar qualifications in the area as well as the specific ways in which the defendant departed from the standards. The expert will discuss how the defendant's deviance directly impacted the patient's injuries.

The defendant will hire a professional to counter the plaintiff's expert and provide their professional opinion as to whether the doctor was in compliance with the standards of care. Experts could differ however the fact-finder determines which expert is most reliable.

It is recommended for the expert to continue working in the medical field as they are more knowledgeable about the current practices. Judges and jurors tend to find practicing professionals more credible than experts who rely solely on court testimony.

It is also recommended to get an expert witness who has expertise in the field of fraud. A medical professional who has prior experience treating breast cancer for instance, can provide a convincing argument as to the reason for an injury. A medical malpractice attorney in Ocala knows which experts to ask.