How to File a Medical Malpractice Lawsuit

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

Our lawyers have experience deposing witnesses in a professional manner. They may be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

Patients are entitled 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 being met or even violated. The results of this breach can be devastating.

A lawsuit can be brought against a medical professional if a patient is injured or suffers a death due to the negligence of the doctor. To be able to file a valid lawsuit, the person who was injured must establish four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act committed by the doctor that is against the accepted norms in the medical profession and results in injury to patients. It is a part of tort law that deals with civil wrongs and not criminal offences or contractual duties.

Medical negligence is different from regular negligence in that the party who suffers must prove that the doctor knew, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not negligence. This is because the doctor didn't intend to cause harm to anyone.

In a lawsuit for medical malpractice the defendant is bound by a duty to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar circumstances could provide. The breach of duty is important because it shows that the alleged negligent conduct caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses as a result a doctor's negligence. This could include financial losses, like future medical costs, as well as non-economic damages such as pain and discomfort.

To recover damages, it is essential to demonstrate that a doctor did not fulfill a duty and that his deviance from the standard of care resulted in injury, and the injury resulted in measurable financial costs. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or other medical complications and you needed to seek additional treatment as a result. Other losses are not as evident, like when your doctor has misdiagnosed you and you aren't able to receive the right treatment.

If your doctor's malpractice leads to your death or death, you can file a lawsuit for wrongful death. You can seek punitive damages in addition to the compensation you would receive in a case of survival.

In a majority of states, there are limits on what you can claim in a malpractice claim. These caps vary by state, and often apply to both economic and non-economic damages. Certain states have laws that limit the time you have to wait before filing an action.

Time Limits

As with any lawsuit there are certain time frames which must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The exact time frame is different for each state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a mistake and if the case could stand up in court. This stage takes months or weeks.

Medical fairview malpractice law firm cases involve different laws than other types of cases, and the statute of limitations is changed. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the negligence. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient may not realize the object until three years after the surgery. In that scenario the statute of limitations could have begun to run from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical west point malpractice attorney cases. A plaintiff's expert witness will be able to testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialization for that type of physician with the same qualifications and experience and the ways the defendant violated the standards. The expert will also explain how the deviance directly contributed to the injury of the patient.

The defendant will hire an expert to challenge the plaintiff's expert and then provide their professional opinion as to whether the doctor was in compliance with the requirements of medical care. It is common for experts to disagree with each and yet the factfinder decides who is most credible based on their knowledge and experience.

It is preferential for the expert to working in the medical field, since they'll have a better knowledge of current practices. Jurors and judges typically believe that practicing professionals are more credible than experts whose sole source of income is a testimony in court.

It is also better to choose an expert who has specialized in the field of malpractice. For instance an expert in medical practice who is proficient in treating breast cancer can make an argument that is more convincing about the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala knows which experts to talk to.