Write About Everything

How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her obligation to patients. This evidence may include medical and hospital documents.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

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

A lawsuit can be filed against a medical professional if an injured patient dies because of the negligence of the doctor. In order to file a valid claim, the patient must prove that there are four legal elements present which include breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the accepted norms of practice in the medical community, and can cause injury to the patient. It is an aspect of tort law that addresses civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is different from regular negligence in that the victim must prove that the doctor knew or should have known that their actions could cause harm to be able to claim malpractice, however normal negligence doesn’t. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to cause harm to anyone.

In the case of medical negligence, the defendant’s duty is to treat the patient in accordance with the standards of care that a competent health professional with similar experience and training would provide in similar circumstances. The breach of this duty is an essential element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

Damages in a malpractice case are determined by the losses you have suffered as a result of a doctor’s negligence. This can include both financial loss, such as the costs of future medical treatment and non-economic losses, like suffering and pain.

To recover damages, you must show that the doctor vimeo violated the duty of care, that the physician’s deviation from the norm caused injury, and the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for example, if a doctor’s mistake resulted in an infection or other medical complications that require additional treatment. Other losses are not as apparent, such as when your doctor has misdiagnosed you and you are not able to receive the right treatment.

You may sue for wrongful deaths if your doctor’s negligence causes your death. In these cases you’re legally entitled to all the compensation you would have received in a survival case and punitive damages.

In most states, there are limits to the amount you can recover in a malpractice case. The caps differ from state to state and are generally applicable to both economic and other damages. Certain states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be observed or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The specific time limit varies by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and whether the case will stand up in court. This stage takes months or weeks.

Medical malpractice cases are governed by different laws and the statute of limitations is often modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the negligence. This is referred to as the discovery rule.

In certain states the statutes of limitations start to run on the date the malpractice occurred. This is an issue when the mistake is not immediately causing symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient may not discover the foreign object until at least three years after surgery. In this case, the statutes of limitations may have started beginning from the date of the surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help present the facts of the case. A plaintiff’s expert will testify regarding the doctor’s duty to the patient, the medical standards for doctors who have similar qualifications in the field and field, and the ways the defendant deviated from the standards. The expert will describe how the defendant’s departure directly caused the patient’s injury.

The defendant will hire an expert to challenge the plaintiff’s expert and offer their professional opinion on whether the doctor met the standards of care. It is not uncommon for experts to differ with each with respect to their opinions, but the factfinder decides who is the most trustworthy based on their education and experience.

It is more beneficial for the expert to still working in the medical field since they’ll have a better understanding of current practices. Judges and jurors often find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also beneficial to choose an expert who is specialized in the area of malpractice. For example a medical professional who is experienced in dealing with breast cancer can present a a more convincing argument about the reason for a plaintiff’s injury. A seasoned Ocala medical rolling hills estates malpractice lawsuit lawyer will be aware of which expert witnesses to call for your case.