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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 duty to patients. This can be evidence from hospitals and medical documents.

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

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. In some instances, these standards are not met, or even violated. The consequences of this breach could be devastating.

A lawsuit may be filed against a medical professional if a patient is injured or dies as a result of the negligence of that doctor. To be able to make a valid claim, the injured patient must demonstrate that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medical practice within the medical profession, and causes injury to the patient. It is an aspect of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is distinct from normal negligence in that the victim must prove that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn’t. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to harm anyone.

In the case of medical negligence, the defendant’s duty is to provide the patient with the standards of care a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is significant because it proves that the alleged negligent conduct caused the injury.

Damages

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

To be able to claim damages, you must show that the doctor did not fulfill a duty of care, that the physician’s deviation from the standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted quickly, for example, if a doctor’s mistake caused an infection or any other medical condition that require additional treatment. Certain damages are more difficult to detect, such as when doctors misdiagnose your condition and you cannot get the right treatment.

If your doctor’s malpractice causes your death, you can sue for the cause of death. You may seek punitive damages in addition to the compensation you’d receive in a case of survival.

In many states, there are limits to the amount you can recover in a malpractice case. These caps vary by state, and often apply to both economic and non-economic damages. Some states have laws that limit how long you can delay before filing a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be adhered to or the case could be barred. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time period can be complicated and it is important to consult with an attorney immediately. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be found to be valid in the court. This stage can take several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is frequently altered. For instance, in Pennsylvania the patient must make a claim within two years from the date they discovered the malpractice or when a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This could be problematic if the medical error doesn’t cause immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign object in the body of a patient following surgery. The patient might not find the object until three years after the surgery. In that case the statute of limitations could have begun to begin running from the date of the procedure instead of the moment of discovery of the error.

Expert Witnesses

Many medical malpractice; m1Bar.com, cases depend on expert witnesses to help explain the facts of the case. A plaintiff’s expert witness will discuss the doctor’s obligation of providing medical care to the patient and the medical standards for the area and the specialization for that type of physician who has similar qualifications and abilities and the ways the defendant deviated from the standards. The expert will also explain how the deviance directly caused the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff’s expert, and then provide their professional opinion on whether the doctor’s treatment was consistent with requirements of medical care. Experts may differ but the fact-finder will decide which expert is most credible.

It is recommended for the expert to be still working in the medical field because they are more knowledgeable about current practices. Jurors and judges tend to find practicing professionals more credible than experts who rely only on the testimony of a court.

It is also recommended to have an expert witness who specializes in the field of malpractice attorney. A medical professional who has prior experience treating breast cancer for instance, can present a an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will be aware of the experts to contact for your case.