How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This could include medical and hospital records.

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

Negligence

When a patient goes to a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The results of this breach can be devastating.

If someone is injured or suffers death because of a doctor's negligence, they can sue the medical professional. To prove a case, the person who was injured must establish four legal aspects that include breach of duty, breach of duty, damages and causation.

Malpractice can be defined as an act by an individual doctor that is not in line with the accepted norms in the medical community and causes harm to a patient. It is a part of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the person who is injured has to 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 cuts or nicks a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to hurt anyone.

In a medical bellevue Malpractice lawyer lawsuit, the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with the same expertise and training in similar situations would provide. The breach of this duty is a crucial aspect because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are calculated based on your losses caused by a doctor's negligence. This can include both financial losses, like future medical expenses, as well as non-economic losses like discomfort and pain.

In order to obtain damages, you need to prove that a doctor violated the law, that his deviation from the standard of care caused injuries, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical problem, and you needed additional treatment due to the result. Other losses are not as evident, like when your doctor misdiagnoses you, and you aren't able to receive the proper treatment.

If a doctor's error results in your death, you can sue for wrongful death. In these cases you're entitled to everything you would have gotten in a survival case as well as punitive damages.

In the majority of states, there is a limit on what you can receive in a lawsuit for malpractice. The caps differ from state to state and are generally applicable to both financial and other damages. Some states also have rules that limit the time it takes to make a claim.

Time Limits

Like any lawsuit there are time limits which must be adhered to or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The specific time limit differs by state.

The time limit is complicated, so it is vital to consult an attorney right away. The law firm will conduct an investigation to determine if malpractice occurred and if it will be found to be valid in court. This phase can last for several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is extended. For instance in Pennsylvania the patient has to file a claim within 2 years from the time they were aware of the malpractice, or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date the medical error occurred. This could be an issue if the error does not immediately trigger symptoms. For example, suppose the doctor is negligently leaving a foreign object in the body after surgery. The patient may not be aware of the object until three years after the surgery. In this case, the statute of limitations might have started to expire from the date the surgery, not from the discovery of the error.

Expert Witnesses

A lot of medical corcoran malpractice attorney cases rely on expert witnesses to present the facts of the case. An expert witness for the plaintiff will testify on doctors' obligations to the patient, the medical standards for physicians who have similar qualifications in the area as well as the specific ways the defendant deviated from the standard. The expert will then describe how the deviance directly caused the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion as to whether the doctor was able to provide the required care. It is normal for experts to disagree with one with respect to their opinions, but the fact finder decides who is the most reliable based on their experience and education.

It is best for an expert to working in the medical field because they'll have more knowledge of the current practice. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also preferable to hire an expert witness who is skilled in the field of negligence. For example an expert in medicine who is knowledgeable about dealing with breast cancer can present a an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know what experts to speak with.