How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant breached his or her obligation to patients. This evidence may include hospital and medical documents.

Our lawyers are skilled at taking effective depositions of witnesses. They may be doctors, other medical professionals in private practice, or working at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately, in some instances these standards are not met, or even breached. This can cause devastating consequences.

A lawsuit may be brought against a medical professional when patients are injured or suffers a death due to the negligence of the doctor. To prove a case the injured person must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice is defined as an act or omission of the physician that goes against the norms of practice accepted in the medical community, and causes injury to the patient. It is a subset of tort law that addresses civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to harm anyone.

In a medical malpractice lawsuit the defendant is bound by a legal obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable experience and education in similar situations would provide. The violation of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you have suffered due to negligence by a doctor. This can include both financial losses, like future medical expenses, as well as non-economic damages such as pain and discomfort.

To recover damages, you must show that the doctor violated a duty of care, that the physician's deviation from the standard caused injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for instance, if a doctor's mistake caused an infection or any other medical condition that required additional treatment. Other damage isn't as evident, for instance, if your doctor is unable to diagnose you correctly, and you aren't able to receive the right treatment.

If your doctor's wood ridge malpractice lawsuit leads to your death and you are unable to sue, you may be able to sue for the cause of death. In these cases you are legally entitled to all the compensation you would have gotten in a lawsuit for survival as well as punitive damages.

In most states there are limits to the amount you can recover in a legal case. These caps differ from state to state and are usually applicable to both economic and other damages. Certain 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 deadlines that must be followed or the case could be barred. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there were any mistakes and if the case could be heard in court. This can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is modified. For instance, in Pennsylvania patients must file a claim within 2 years of the date they were aware of the malpractice, or when a reasonable individual would have recognized that the harm existed. This is called the discovery rule.

In some states the statutes of limitations begin to run on the date the malpractice occurred. This could be problematic if the medical error does not cause immediate symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the body of the patient after surgery. The patient might not find the foreign object until at least three years after the surgery. In this instance the statute of limitations may have started in the year following the date of surgery rather than the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the facts of the case. The expert of the plaintiff will testify on the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in the area and field, and the ways in which the defendant's conduct was different from those standards. The expert will also explain why the defendant's omission directly impacted the patient's injuries.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the standard of care. It is not uncommon for experts to differ with each and yet the fact finder decides who is the most trustworthy on their knowledge and experience.

It is better for the expert to still be working in the medical field as they will have a better knowledge of current practices. Jurors and judges typically find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also better to choose an expert who has specialized in the field of buda malpractice law firm. A medical professional with experience treating breast cancer, for instance, can provide an argument convincingly as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will be aware of the experts to consult for your case.