How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a hospital or doctor you must prove that the defendant has breached their duty to patients. This evidence could be a hospital and medical documents.

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

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately, in some cases these standards are not met or are even violated. The consequences of this breach could be devastating.

When someone is injured or death as a result of a doctor's negligence, they can pursue a lawsuit against the medical professional. To prove a case, Vimeo.com the person who was injured must establish four legal elements including breach of duty and damages and causation.

Malpractice can be described as an act performed by an individual doctor that is not in line with the norms of the medical profession and results in injury to a patient. It is a section of tort law that is concerned with civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence because the victim must prove that the doctor was aware or ought to have known that their actions would cause harm in order to claim malpractice, but normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standard of care that a reasonably prudent healthcare professional with the same expertise and training in similar circumstances could provide. The breach of duty is significant since it establishes that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you suffered as a result of a doctor's negligence. This can include both financial losses, including future medical costs, and non-economic losses like discomfort and pain.

To be able to claim damages, you must show that the doctor violated a duty of care, that the physician's deviation from the standard of care resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that caused an infection or other medical complications and you required further treatment due to the result. Other damage isn't as obvious, for instance if your doctor is unable to diagnose you correctly, and you are not able to receive the appropriate treatment.

If your doctor's malpractice causes you to die and you are unable to sue, you may be able to sue for the wrongful death. In these claims, you are legally entitled to all the compensation you would have received in a lawsuit for survival in addition to punitive damages.

In the majority of states, there are limits on the amount you can be awarded when you file a claim for malpractice. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that limit the time it takes to make a claim.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the occurrence of medical winnfield malpractice lawsuit. The deadline for filing a malpractice lawsuit varies from state to state.

The time period can be complicated, so it is vital to consult an attorney right away. The law firm will investigate to determine if there was any malpractice and if the case could stand up in the court. This stage takes months or weeks.

Medical malpractice cases are governed by different laws, and the statute of limitation is often modified. In Pennsylvania, a patient has two years from the time that they realized the malpractice. This is known as the discovery rule.

In certain states the statutes of limitations start to run on the date when the medical error occurred. This is an issue if the error doesn't immediately cause symptoms. For instance, suppose that doctors mistakenly leave a foreign object inside the body following surgery. The patient might not find the object until three years after the procedure. In this situation, the statutes of limitations could have started at the time of surgery rather than the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. An expert witness for a plaintiff will testify about the doctor's duty of taking care of the patient and the medical standards applicable to the area and the specialization for the type of doctor with the same qualifications and experience and the ways that the defendant deviated from the standards. The expert will then explain how the deviation directly led 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 standards of care. It is common for experts to disagree with one other, but the fact finder decides who is the most reliable based on their education and experience.

It is better for an expert to be working in the medical field, as they will have a greater understanding of current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who solely rely on court testimony.

It is also recommended to choose an expert with expertise in the field of malpractice. A medical professional with prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to speak with.