How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our lawyers have experience deposing witnesses in a professional manner. 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 receive certain standards of care when they visit a doctor, hospital or health professional. In some instances, these standards are not being met or even breached. This breach can have devastating results.

A lawsuit may be filed against a medical professional if a patient is injured or dies as a result of the negligence of the doctor. To be able to file a valid lawsuit the patient who has been injured must demonstrate four legal elements which are breach of duty, duty, damages and causation.

malpractice lawsuits can be defined as an action by a doctor that is outside the accepted norms in the medical field and can cause injury to patients. It is a section of tort law, which addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence because the victim must show that the doctor knew or should have known that their actions could cause harm in order to claim malpractice, but normal negligence doesn't. 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 case of medical malpractice lawsuits the defendant has the obligation of treating the patient in accordance with the standard of care a reasonably prudent healthcare professional with the same experience and education in similar situations would provide. The breach of this duty is an essential aspect because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered due to a doctor's negligence. These could include both financial losses, such as the cost of future medical expenses as well as non-economic losses such as suffering and pain.

To claim damages, you must prove that the doctor breached a duty of care, that the doctor's deviation from that standard caused injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an infection or other medical complications that required additional treatment in the aftermath. Some damage is more difficult to identify for instance, when a doctor misdiagnoses your condition and you cannot get the proper treatment.

You can sue for malpractice wrongful death in the event that your doctor's negligence results in your death. You may seek punitive damages in addition to the amount you would receive in a survival lawsuit.

In many states, there are restrictions on the amount you can be awarded in a malpractice (had me going) claim. The caps differ from state to state and are often applicable to both economic and other damages. Some states have laws that limit how long you can delay before filing an action.

Time Limits

As with all lawsuits there are time limits that must be followed or the case could be barred. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The time limit differs by state.

The time frame can be complex, and it is crucial to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could hold up in the court. This process can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is extended. In Pennsylvania patients are entitled to two years from the date that they discovered the malpractice. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be problematic if the medical malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of a patient following surgery. The patient might not find the object until three years after the procedure. In this scenario, the statutes of limitations could have started at the time of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify about the duty of the doctor to the patient, medical requirements for doctors with similar qualifications in their area and field, and the ways in which the defendant departed from those standards. The expert will explain how the departure directly led to the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standards of care. It is not uncommon for experts to disagree with each and yet the factfinder decides who is most credible based on their experience and education.

It is advisable for the expert to continue 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 those who rely exclusively on court testimony.

It is also preferable to use an expert witness who is skilled in the field of negligence. For example, a medical expert who is proficient in treating breast cancer can make a more convincing argument about the cause of a plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to refer your case.