How to File a Medical Malpractice Lawsuit

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

Our lawyers are skilled at conducting effective depositions of witnesses. These may be doctors or other medical professionals working in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately they aren't always met, or even violated. This can cause devastating consequences.

A lawsuit can be filed against a medical professional when the patient is injured or dies because of the negligence of that doctor. To prove a case, the person who was injured must prove four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act by doctors that goes against the accepted norms within the medical profession and results in harm to patients. It is an aspect of tort law that addresses civil wrongs that do not fall under legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not negligence. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice lawsuit the defendant is under a legal obligation to treat the patient according to the standard of care a reasonably prudent healthcare professional with the same expertise and training in similar situations would provide. The breach of duty is significant because it proves that the alleged negligent conduct caused the injury.

Damages

Damages in a malpractice case are based on the losses you sustained as a result of the negligence of a doctor. This could include financial losses, such as future medical costs, and non-economic damages, such as pain and discomfort.

In order to recover damages, it is essential to show that a doctor has violated a duty and that his violation of the standard of care resulted in injuries, and that the injury caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made a mistake that led to an infection or other medical problem and you required further treatment in the aftermath. Some damages are more difficult to spot like when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

If a medical professional's negligence causes your death then you can sue for the cause of death. In these cases you're legally entitled to all the compensation you could have gotten in a survival lawsuit in addition to punitive damages.

In most states, there are limitations on the amount you can recover in a legal case. The caps differ from state to state and are often applicable to both financial and other damages. Certain states also have rules that restrict the time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The timeframe for filing a malpractice lawsuit differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake was committed and if it could be accepted in court. This process takes several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and the statute of limitations is altered. For example in Pennsylvania the patient has to submit a claim within two years of the date they were aware of the malpractice, or when a reasonable individual would have recognized that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This can be an issue if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient may not realize the foreign object until three or more years after surgery. In that scenario the statute of limitations could have begun to start running from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, the medical requirements for doctors with similar qualifications in the same area and specialty and the ways in which the defendant departed from the standard. The expert will also explain how the defendant's departure directly impacted the victim's injury.

The defendant will employ an expert to counter the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standard of care. Experts may differ however the fact-finder determines which expert is most credible.

It is best for the expert to be working in the medical field since they are more knowledgeable about current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who rely only on the testimony of a court.

It is also preferable to hire an expert witness who is skilled in the area of the legal malpractice. For example an expert in medical practice who is proficient in treating breast cancer could make a an even more convincing case for the reason for a plaintiff's injury. A medical malpractice lawyers attorney in Ocala will know the best expert witnesses to consult.