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How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor requires proof that the defendant acted in breach of his or her obligation to patients. This evidence may include hospital and medical records.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately these standards aren't always adhered to or even observed. The consequences of this breach could be devastating.

When someone is injured or death due to a doctor's negligence, they could sue the medical professional. To have a valid case, the person who was injured must demonstrate four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be defined as an act committed by a doctor that is outside the accepted norms of the medical field and can cause injury to a patient. It is a part of tort law that is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence is different from regular negligence in that the injured party must prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. For instance a surgeon who accidentally creates a cut on a vein or nerve during surgery could be found considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice law lawsuit the defendant is under a legal obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances could provide. The violation of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you suffered as a result of a doctor's negligence. These could include both financial loss, such as the cost of future medical care and non-economic losses, such as pain and suffering.

To claim damages, you have to prove that the doctor violated a duty of care, that the doctor's deviation from the standard of care caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be seen in a matter of minutes, for instance when a mistake made by a doctor caused an infection or other medical issues that require additional treatment. Other damage isn't as obvious, for instance if your doctor has misdiagnosed you and you aren't able to receive the appropriate treatment.

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

In a majority of states, there are limits on what you can receive when you file a claim for malpractice. These limits vary from state to state and Malpractice Compensation are often applicable to both economic and other damages. Certain states also have rules that limit how long you can wait to start a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be followed or Malpractice Compensation the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice settlement. The deadline varies according to state.

The time limit is complex and it is essential to consult a lawyer right away. The law firm will conduct an investigation to determine if there was malpractice compensation (full report) and if the case will stand up in the court. This stage takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is extended. For example in Pennsylvania patients must file a claim within two years from the time they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice legal happened. This can be problematic if the medical error doesn't cause immediate symptoms. For instance, suppose a doctor negligently leaves an object foreign to the body after surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In this instance, the statutes of limitations could have begun at the time of the procedure, not necessarily the discovery of error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. An expert witness for the plaintiff 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 doctors with the same qualifications and experience and the ways that the defendant violated those standards. The expert will describe why the defendant's omission directly impacted the patient's injuries.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standard of care. The experts could disagree however the fact-finder determines which expert is most trustworthy.

It is better that the expert continue to be working in the medical field, because they will have better understanding of current practices. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also recommended to choose an expert with expertise in the field of malpractice. For instance, a medical expert who is proficient in treating breast cancer could make a a more convincing argument about the cause of an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know which experts to talk to.