You'll Never Guess This Malpractice Case's Tricks

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant violated his or her duty to patients. This evidence could include hospital and medical records.

Our lawyers have experience taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

When a patient goes to a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately, these standards are not always met or even violated. The consequences of this breach can be devastating.

If someone is injured or suffers death because of a doctor's negligence, they could pursue a lawsuit against the medical professional. To prove a case the injured person must prove four legal elements which are breach of duty, duty, damages and causation.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is an aspect of tort law that deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the injured party must demonstrate that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. For example an surgeon who accidentally cut a vein or nerve during surgery would be in the wrong of negligence, but not malpractice as the doctor was not aiming to cause harm.

In a case of medical malpractice the defendant has a duty to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar experience and training in similar situations would provide. The violation of this duty is a critical element since it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses due to a physician's negligence. These can include both actual financial losses, such as the costs of future medical treatment as well as non-economic losses like pain and suffering.

To recover damages, it is necessary to prove that a doctor violated the law, that his deviation from the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for example an error by a doctor resulted in an infection or other medical complications that require additional treatment. Other damages aren't as apparent, such as when your doctor misdiagnoses you and you are not able to receive the proper treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for the cause of death. You may seek punitive damages in addition to the amount you would receive in a case of survival.

In many states, there are restrictions on what you can claim in a lawsuit for malpractice. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or the case could be thrown out. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The specific time limit differs by state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be able to stand in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is frequently altered. For instance in Pennsylvania the patient has to file a claim within two years from the day they realized the malpractice or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This can be a problem when the malpractice does not immediately cause symptoms. Imagine, for instance, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In this instance, the statutes of limitations could have been at the time of the surgery, not the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to clarify the facts of the case. An expert witness for the plaintiff will testify about the duty of the doctor towards the patient, medical requirements for doctors with similar qualifications in the field and field, and the ways in which the defendant's conduct was different from the standards. The expert will then explain how the deviance directly contributed to the patient's injury.

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

It is recommended for the expert to be still working in the medical field as they are more knowledgeable about the current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is testimony in court.

It is also recommended to have an expert witness who has expertise in the field of legal malpractice. For instance a medical professional who is experienced in treating breast cancer can make an argument more convincing regarding the cause of an injury suffered by a plaintiff. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to consult for your case.