How to File a Medical Malpractice Lawsuit

In bringing a medical cabot malpractice lawsuit suit against a hospital or doctor must prove that the defendant violated his or her obligation to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors, other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately they aren't always met or even complied with. The consequences of this breach could be devastating.

When someone is injured or death because of a doctor's negligence, they can sue the medical professional. In order to file a legitimate claim, the injured patient must prove that there are four legal elements present: duty, breach of duty, causation, and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is a component of tort law, which covers civil violations but not criminal or contractual duties.

Medical negligence is different from normal negligence in that the victim has to demonstrate that the doctor knew, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to harm anyone.

In a medical malpractice lawsuit the defendant is bound by the obligation of treating the patient in accordance with the standards of care that a reasonably competent healthcare professional with comparable expertise and training in similar circumstances would provide. The breach of duty is crucial because it shows that the negligent act caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses caused by a doctor's negligence. This can include both financial losses, including future medical bills, and non-economic damages like discomfort and pain.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of a duty and that his deviance from the standard of care resulted in injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal process that usually requires expert witness testimony.

Some of the losses can be observed quickly, for example, if a doctor's mistake led to an infection, or other medical issue that required additional treatment. Other losses are not as apparent, Vimeo.Com such as when your doctor is unable to diagnose you correctly, and you are unable to receive the right treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. In these claims you are entitled to the same amount you would have gotten in a survival action as well as punitive damages.

In the majority of states, there are restrictions to the amount you can get in a malpractice claim. These limits vary from state to state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict the time it takes to bring a lawsuit.

Time Limits

As with any lawsuit, there are specific time limits to be adhered to or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The exact time frame is determined by the state.

The time limit can be complex and it is essential to speak with an attorney right away. The law firm will conduct an investigation to determine if there was any malpractice and if the case can be heard in the court. This process can take up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is modified. For instance, in Pennsylvania patients must make a claim within two years from the day 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 starts to run from the date the malpractice happened. This can be a problem when the malpractice does not immediately cause symptoms. For example, suppose an unintentionally negligent doctor leaves a foreign object inside the body after surgery. The patient may not be aware of the object until three years after the procedure. In that case 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 often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding the duty of the doctor towards the patient, medical requirements for doctors with similar qualifications in the area and specialty and the ways the defendant deviated from the standard. The expert will describe how the defendant's deviance directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff’s expert, and provide their professional opinion as to whether the doctor's actions met the standards of care. Experts may differ however the fact-finder determines which expert is the most reliable.

It is preferential that the expert continue to working in the medical field, because they will have more knowledge of the current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also advisable to hire an expert with expertise in the area of malpractice. For instance an expert in medicine who is well versed in treating breast cancer could make a an even more convincing case for the cause of an injury suffered by a plaintiff. A seasoned Ocala medical malpractice lawyer will know which experts to contact for your case.