How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her duty to patients. This evidence could be a medical and hospital documents.

Our lawyers have a wealth of experience in taking depositions that are effective. These may be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately they aren't always met, or even violated. The consequences of this breach could be devastating.

If someone suffers injury or death as a result of a doctor's negligence, they could file a lawsuit against the medical professional. In order to have a legitimate claim, the injured patient must prove that four legal elements are present such as breach of duty, causation and damages.

Malpractice can be defined as an action by an individual doctor that is not in line with the accepted norms of the medical profession and results in injury to the patient. It is a subset of tort law that deals with civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence because the victim must prove that the doctor was aware or ought to have known that their actions would cause harm to be able to claim malpractice, however normal negligence is not required. For example the surgeon who creates a cut on a vein or nerve during surgery could be found negligent, but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice lawsuit the defendant has a duty to treat the patient according to the standards of care that a reasonably prudent healthcare professional with the same knowledge and experience in similar circumstances could provide. The breach of duty is significant because it shows that the alleged negligence caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered due to a physician's negligence. This could include financial losses, like future medical bills, and non-economic damages, such as pain and discomfort.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of a duty or obligation, and that his lapse from the standard of care caused injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that led to an infection or medical condition, and you needed additional treatment because of it. Other damages are less readily evident, like when your doctor has misdiagnosed you and you're unable to receive the right treatment.

If a medical professional's negligence leads to your death then you can sue for wrongful death. In these cases you're entitled to all the benefits you would have received in a survival action as well as punitive damages.

In the majority of states, Malpractice lawsuit there are limits on the amount you can recover in a malpractice attorneys case. These limits vary from state to state, and often apply to both economic and non-economic damages. Some states also have rules that restrict the length of time you have to wait to start a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The timeframe for filing a malpractice lawsuit differs by state.

The time limit is complicated, so it is vital to consult a lawyer immediately. The law firm will investigate to determine if there was a mistake and if the case can stand up in the court. This phase can last for weeks or months.

Medical malpractice cases are governed by different laws, and the statute of limitation is frequently altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they discovered the malpractice. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be an issue if the medical mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body inside the body of the patient after surgery. The patient may not discover the foreign object until at least three years after surgery. In that situation the statute of limitation could have begun to run from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the facts of the case. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the region and specialty for this type of doctor malpractice lawsuit with similar qualifications and expertise and the ways the defendant violated the standards. The expert will also explain how the deviation directly contributed to the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor was in compliance with the standards of care. It is not uncommon for experts to disagree with one other, but the factfinder decides who is the most reliable based on their experience and education.

It is best for an expert to be working in the medical field because they'll have better understanding of current practices. Judges and jurors are likely to find practicing professionals more credible than experts who rely solely on the testimony of a court.

It is also beneficial to have an expert who is specialized in the field of malpractice. For example, a medical expert who is knowledgeable about dealing with breast cancer can present a an argument that is more convincing about the cause of an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know what experts to speak with.