How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or hospital you must establish that the defendant has breached their obligation to patients. This can be evidence from hospitals and medical documents.

Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors, other medical professionals in private practice, or working at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met, or even violated. This can lead to devastating results.

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

Malpractice is defined as the act or Vimeo.Com omission of a physician that deviates from the accepted norms of medicine in the medical field, and inflicts harm on the patient. It is a section of tort law that is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence is distinct from normal negligence in that the person who is injured has to demonstrate that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In an instance of medical malpractice the defendant's responsibility is to treat the patient in line with the standard of care that a knowledgeable health professional with similar experience and qualifications could provide in similar situations. The breach of duty is significant since it establishes that the alleged negligence caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered as a result a doctor's negligence. This could include financial losses, like future medical expenses, as well as non-economic damages such as pain and discomfort.

To be able to claim damages, you need to demonstrate that a doctor did not fulfill a duty, that his deviation from the standard of care led to injury, healthndream.com and the injury caused financial harm that was quantifiable. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made a mistake that led to an infection or medical condition and you required further treatment due to the result. Some damages are more difficult to spot for instance, when an expert misdiagnoses your illness and you cannot get the proper treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for wrongful death. In these claims, you are entitled to all the benefits you would have received in a lawsuit for survival, plus punitive damages.

In most states, there are restrictions on what you can receive in a malpractice case. These limits vary from state to state and are usually applicable to both economic and other damages. Some states have laws that limit the time you have to wait before filing an action.

Time Limits

As with any lawsuit, there are specific time limits to be adhered to or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The exact time frame is different for each state.

The time limit is complex, and it is crucial to speak with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake was committed and if it could hold up in court. This process takes weeks or months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is altered. In Pennsylvania the patient is entitled to two years from the time that they were aware of the negligence. This is known as the discovery rule.

In some states the statutes of limitation begin to run from the date that the malpractice occurred. This is problematic if the medical error does not cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient might not be aware of the foreign object until three or more years after surgery. In that scenario the statute of limitation could have run from the date of the procedure, not the discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on experts to present the facts of the case. An expert witness for a plaintiff will testify about the doctor's duty of care to the patient and the medical standards applicable to the region and specialty for doctors who has similar qualifications and abilities and the manner in which the defendant departed from those standards. The expert will then describe how the departure directly led to the injury suffered by the patient.

The defendant will employ a professional to counter the plaintiff's expert, and give their professional opinion on whether the doctor met the standards of care. It is common for experts to differ with each other, but the factfinder determines who is the most trustworthy on their knowledge and experience.

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

It is also better to choose an expert who specializes in the area of malpractice lawyer. A medical professional with experience treating breast cancer, for instance, can provide an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to talk to.