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 duty to patients. This evidence may include hospital and medical documents.

Our lawyers have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately these standards aren't always met or even violated. This can lead to devastating results.

When someone is injured or death as a result of a physician's malpractice, they may pursue a lawsuit against the medical professional. To have a valid claim, the patient must prove that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the norms of practice accepted within the medical profession, and can cause injury to the patient. It is a component of tort law, Vimeo.Com which addresses civil wrongs not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. For example the surgeon who cuts a vein or nerve during surgery could be guilty of negligence but not arkansas city malpractice law firm as the doctor didn't intend to cause harm.

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

Damages

The damages in a malpractice case are dependent on the losses you sustained as a result of a doctor's negligence. This can include both financial losses, like future medical expenses, as well as non-economic damages like pain and discomfort.

To recover damages, it is essential to establish that a doctor acted in violation of the duty of care or obligation, and that his lapse from the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or medical condition that required additional treatment due to the result. Other losses are not as evident, like when your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these claims, you are entitled to everything you could have gotten in a survival case in addition to punitive damages.

In many states, there is a limit on the amount you can be awarded in a lawsuit for malpractice. These caps vary by state, and often apply to both economic and non-economic damages. Certain states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are time limits that must be followed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

The time limit is complicated, so it is vital to consult with an attorney right away. The law firm will investigate to determine if there was a mistake and whether the case will stand up in the court. This stage takes weeks or months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is modified. For example, in Pennsylvania the patient must file a claim within 2 years of the date they were aware of the malpractice, or when a reasonable person should have realized the injury existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run from the date when the medical error occurred. This could be problematic if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body in the body of the patient after surgery. The patient may not discover the foreign object until at least three years after surgery. In that scenario the statute of limitations could have begun to run from the date of the surgery instead of the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of treating the patient with respect as well as the standards of medical care in the region and specialization for that type of physician with the same qualifications and experience and the ways the defendant departed from the standards. The expert will then describe how the deviation directly led to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and give their professional opinion as to whether the doctor met the standards of care. It is normal for experts to disagree with each and yet the factfinder determines who is the most trustworthy based on their experience and education.

It is advisable for the expert to be working in the medical profession since they are more knowledgeable about the current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to hire an expert who is specialized in the area of malpractice. For example, a medical expert who is experienced in treating breast cancer can make an argument that is more convincing about the cause of the plaintiff's injury. A knowledgeable Ocala medical coronado malpractice attorney attorney will be aware of which expert witnesses to refer your case.