How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This could include medical and hospital records.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, these standards are not always met or even complied with. This can lead to devastating consequences.

If someone is injured or suffers death as a result of a physician's negligence, they could pursue a lawsuit against the medical professional. In order to file a valid claim, the patient must prove that four legal elements exist which include breach of duty, causation and malpractice damages.

malpractice lawyers is defined as an act or omission committed by medical professionals that is contrary to the accepted norms of medicine in the medical field, and can cause injury to the patient. It is a component of tort law, which covers civil violations and not criminal offences or contractual duties.

Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor malpractice knew, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a case of medical malpractice the defendant is bound by the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar circumstances would provide. The violation of this duty is a critical aspect since it shows that the negligent act caused the injury.

Damages

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

To recover damages, you need to show that a doctor has violated the law, that his deviation from the standard of care resulted in injury, and the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that caused an illness or other medical issue and you required further treatment because of it. Other damage isn't as evident, for instance, if your doctor misdiagnoses you and you're unable to receive the proper treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the amount you'd receive in a survival suit.

In the majority of states, there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states have laws that limit the length of time you can delay before filing an action.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to, or the case could be thrown out. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The time limit differs by state.

The time frame can be complicated and it is important to speak with a lawyer right away. The law firm will investigate to determine if there was any malpractice and if the case will be heard in the court. This process can take months or weeks.

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is altered. For example in Pennsylvania a patient must submit a claim within two years from the date they discovered the malpractice or when a reasonable person would have known that the harm existed. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be an issue when the mistake is not immediately causing symptoms. For instance, suppose that a doctor negligently leaves an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the surgery. In this situation, the statutes of limitations may have started at the time of surgery rather than the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. The expert of the plaintiff will testify about the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the same area and field, and the ways the defendant deviated from those standards. The expert will also explain how the deviation directly caused the injury suffered by the patient.

The defendant will contract a professional to counter the plaintiff's expert and offer their professional opinion regarding whether the doctor's actions met the guidelines of care. The experts could disagree however the fact-finder determines which expert is most reliable.

It is advisable for the expert to be still working in the medical field as they are more knowledgeable about the current practices. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who solely rely on the testimony of a court.

It is also better to have an expert who has specialized in the area of malpractice. For instance an expert in medical practice who is knowledgeable about treating breast cancer can make an argument that is more convincing about the cause of the plaintiff's injury. A medical malpractice attorney in Ocala knows which experts to ask.