How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a physician or hospital you must prove that the defendant has breached their duty towards patients. This could include medical and hospital records.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are in private practice or staff at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately, in some instances these standards are not adhered to or even breached. The consequences of this breach could be devastating.

A lawsuit can be filed against a medical professional if a patient is injured or dies because of the negligence of the doctor. To have a valid claim, the injured patient must prove that there are four legal elements present: duty, breach of duty, causation, and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms in the medical profession and results in injury to patients. It is a subset of tort law that deals with civil wrongs that are not legal obligations or criminal offenses.

Medical negligence differs from regular negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm to assert toppenish malpractice lawsuit, however normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to cause harm to anyone.

In a case of medical malpractice the defendant is bound by a duty to treat the patient according to the standard of care a reasonably competent healthcare professional with similar experience and training in similar circumstances could provide. The breach of this duty is a crucial element since it proves that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of malpractice are dependent on the losses you have suffered as a result of negligence by a doctor. This could include financial losses, such as future medical expenses, as well as non-economic losses like pain and discomfort.

To recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the standard of care caused injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or other medical complications and you needed to seek additional treatment as a result. Other damages aren't as evident, for instance, if your doctor misdiagnoses you and you are not able to get the correct treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. In these claims you are entitled to the same amount you would have received in a survival lawsuit, plus punitive damages.

In most states there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with any lawsuit there are time limits which must be observed or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The time limit differs by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and if the case will stand up in the court. This process can take months or weeks.

Medical malpractice cases are governed by different laws, and Vimeo.com the statute of limitations is often altered. In Pennsylvania patients are entitled to two years from the date that they were aware of the negligence. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This is an issue if the error is not immediately causing symptoms. Consider, for instance, that a doctor has negligently left a foreign body in the body of the patient after surgery. The patient might not find the foreign object until at least three years after the surgery. In this case, the statutes of limitations could have begun running from the date of surgery, not the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on experts to present the facts of the case. A plaintiff's expert will testify about doctors' obligations to the patient, medical guidelines for doctors who have similar qualifications in the field and specialization, and the ways in which the defendant departed from the standard. The expert will explain why the defendant's omission directly impacted the victim's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor was able to provide the required care. It is not uncommon for experts to disagree with one other, but the factfinder determines who is most credible based on their expertise and experience.

It is recommended for the expert to continue working in the medical profession since they are more informed about current practice. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also better to choose an expert who specializes in the field of malpractice. A medical professional who has prior experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A medical malpractice attorney in Ocala knows which experts to ask.