How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a hospital or doctor you must establish that the defendant has breached their duty to patients. This can be evidence from hospitals and medical records.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. In some instances, these standards are not met or are even violated. The results of this breach could be devastating.

When someone suffers injury or death as a result of a physician's malpractice, they may file a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements exist such as breach of duty, causation and damages.

Malpractice is defined as the act or omission of a physician that deviates from the accepted norms of practice within the medical profession, Vimeo and can cause injury to the patient. It is a subset of tort law which covers civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the person who is injured must demonstrate that the doctor was aware, or ought to have known, Vimeo that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. 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 surgeon didn't intend to harm anyone.

In a case of medical malpractice the defendant is bound by an obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would provide. The breach of duty is crucial because it proves that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you suffered as a result of the negligence of a doctor. These could include both financial loss, like the costs of future medical treatment as well as non-economic losses such as pain and suffering.

To be able to claim damages, you have to prove that the doctor violated the duty of care, that the physician's deviation from the norm caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of the losses can be observed immediately, for instance the case where a doctor's error led to an infection, or other medical issue that required further treatment. Some damage is more difficult to detect like when doctors misdiagnose your condition and you don't receive the proper treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. You can seek punitive damages in addition to the amount you'd receive in a case of survival.

In most states there are limits on the amount you can recover in a legal case. These limits vary from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames that must be followed or the case will be barred. In general, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The exact time frame varies by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could hold up in court. This process can take several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. For instance, in Pennsylvania a patient must file a claim within two years from the time they realized the morrow malpractice attorney or when a reasonable person would have recognized that the harm existed. This is referred to as the discovery rule.

In certain states the statutes of limitations begin to run from the date that the malpractice occurred. This can be an issue if the error doesn't cause immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient might not find the foreign object until three or more years after the surgery. In this instance, the statutes of limitations could have been at the time of the surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. A plaintiff's expert witness will testify about the doctor's duty of treating the patient with respect and the medical standards applicable to the region and specialization for this type of doctor with similar qualifications and expertise and vimeo the manner in which the defendant deviated from those standards. The expert will explain how the deviance directly contributed to the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor met the standard of care. It is common for experts to disagree with one with respect to their opinions, but the fact finder determines who is the most trustworthy based on their knowledge and experience.

It is best that the expert continue to be working in the medical field, since they'll have a better knowledge of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts who rely only on court testimony.

It is also preferable to have an expert witness who specializes in the area of the negligence. A medical professional with prior experience treating breast cancer for instance, can present a a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know which experts to ask.