How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our lawyers have years of experience in conducting effective depositions. They could be doctors, other medical professionals in private practice, or working at a hospital or Malpractice Lawyers clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, these standards are not always adhered to or even observed. This breach could have devastating consequences.

When someone is injured or death because of a doctor's negligence, they could file a lawsuit against the medical professional. To prove a case the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act by a doctor that is outside the accepted norms within the medical profession and results in harm to the patient. It is a part of tort law that addresses civil wrongs but not criminal or contractual duties.

Medical negligence differs from normal negligence in that the person who is injured must prove that the physician knew or should have known that their actions would cause harm to claim malpractice, but normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery is negligent, but not malpractice because the doctor didn't intend to cause harm.

In the case of medical negligence the defendant's responsibility is to treat the patient in accordance with the standards of care a knowledgeable health professional with similar experience and education would provide in similar circumstances. The violation of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.

Damages

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

To be able to claim damages, you need to prove that a doctor violated a duty, that his deviation from the standard of care resulted in injuries, and the damage had quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses can be identified in a matter of minutes, for instance when a mistake made by a doctor led to an infection, or other medical issues that require additional treatment. Certain damages are more difficult to spot, such as when the doctor is unable to diagnose your condition and you cannot get the right treatment.

If your doctor's malpractice results in your death and you are unable to sue, you may be able to sue for the cause of death. You may be able to claim punitive damages in addition to the money you would receive in a survival lawsuit.

In most states, there are limits on the amount you can be awarded in a malpractice case. These caps differ from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

Like any lawsuit there are certain time frames to be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The timeframe for filing a malpractice lawsuit varies by state.

The time limit is complex and it is essential to speak with a lawyer right away. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be found to be valid in the court. This can take months or even weeks.

Medical malpractice cases have different laws than other types of cases and typically, the statute of limitations is modified. In Pennsylvania patients are entitled to two years from the time when they first discovered the error. This is referred to as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice Lawyers occurred. This could be a problem if the medical error doesn't cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient may not be aware of the object until three years after the surgery. In that situation the statute of limitations might have started to run from the date of the surgery instead of the discovery of the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient as well as the standards of medical care in the region and specialization for Malpractice Lawyers the type of doctor with similar qualifications and skills and the ways that the defendant violated those standards. The expert will explain how the defendant's departure directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion about whether the doctor was in compliance with the guidelines of care. Experts could differ but the fact-finder will decide which expert is most trustworthy.

It is preferential that the expert continue to be working in the medical field since they'll have a better understanding of current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose only source of income is a testimony in court.

It is also preferable to hire an expert witness that is specialized in the field of fraud. For example an expert in medical practice who is well versed in treating breast cancer can make an even more convincing case for the reason for the plaintiff's injuries. An experienced Ocala medical malpractice lawyer will know which experts to call for your case.