How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant has violated his or her duty to patients. This evidence could be a medical and hospital records.

Our lawyers have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not being met or even violated. The consequences of this breach can be devastating.

A lawsuit can be brought against a medical professional if the patient is injured or dies due to the malpractice of the physician. To have a valid case, an injured patient must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is described as an act performed by doctors that goes against the accepted norms of the medical community and causes harm to patients. It is a part of tort law that is concerned with civil wrongs but not criminal or contractual duties.

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

In an instance of medical malpractice the defendant's obligation is to treat the patient in accordance with the standard of care that a reasonably qualified health professional with similar experience and training could provide in similar situations. The breach of this duty is a critical element since it proves that the alleged negligent behavior caused the injury.

Damages

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

To recover damages, you need to show that a doctor has violated the duty of care and that his deviance from the standard of care resulted in injuries, and the damage resulted in measurable financial costs. This is a complex legal process that usually requires expert witness testimony.

Certain of these losses can be identified immediately, for example an error by a doctor resulted in an infection or other medical complications that required additional treatment. Some damage is more difficult to see for instance, when a doctor misdiagnoses your condition and you are unable to receive the right treatment.

If a medical professional's negligence causes your death or death, you can file a lawsuit for wrongful death. In these cases, you are entitled to everything you would have gotten in a lawsuit for survival, plus punitive damages.

In most states, there are limitations on what you can receive in a malpractice claim. These limits vary from state to state and are often applicable to both financial and other damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the incident occurred. The time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and if the case could be heard in court. This phase can last for up to a few weeks or even months.

Medical malpractice law firm cases are subject to different laws, and the statute of limitations is frequently altered. In Pennsylvania the patient is entitled to two years from the date that they realized the error. This is known as the discovery rule.

In certain states the statutes of limitation start to run on the date the medical error occurred. This is an issue if the malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient might not discover the object until three years after the surgery. In that case the statute of limitation could have begun to expire from the date the surgery, not from the moment the error was discovered.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. A plaintiff's expert will testify on the duty of the doctor towards the patient, medical standards for doctors with similar qualifications in the same area as well as the specific ways the defendant deviated from the standards. The expert will also explain how the departure directly led to the patient's injury.

The defendant will hire a professional to counter the plaintiff's expert and then provide their professional opinion regarding whether the doctor's actions met the guidelines of care. Experts may differ however the fact-finder determines which expert is most reliable.

It is best for the expert to be working in the medical field as they are more knowledgeable about current practices. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testimony in court.

It is also beneficial to have an expert witness who has expertise in the area of the legal malpractice attorneys. For example a medical professional who is experienced in treating breast cancer could make a an even more convincing case for the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know which experts to ask.