How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence could be a hospital and medical records.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor, or health care professional. Unfortunately the standards aren't always adhered to or even observed. This can cause devastating results.

A lawsuit can be brought against a medical professional when a patient is injured or dies due to the malpractice of the physician. In order to have a valid claim, malpractice the injured patient must demonstrate that there are four legal elements present: duty, breach of duty, causation, and damages.

Malpractice is defined as the act or omission of a physician that deviates from the norms of practice accepted in the medical community and inflicts harm on the patient. It is an aspect of tort law which covers civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor knew, or ought to have known, that their actions were going 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 negligence. This is because the surgeon didn't intend to hurt anyone.

In the case of medical negligence, the defendant's duty is to treat the patient according with the standards of care a prudent health care professional of similar experience and training would offer in similar circumstances. The breach of duty is significant because it shows that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based on your losses caused by a doctor's negligence. These could include both financial loss, such as the expense of medical treatment in the future, and non-economic losses like suffering and pain.

To be able to claim damages, you must prove that the doctor violated a duty of care, that the doctor's deviation from the standard of care caused injury, and that the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for example, if a doctor's mistake caused an infection or any other medical condition which required additional treatment. Certain damages are more difficult to see in the event that an expert misdiagnoses your illness and you do not receive the proper treatment.

If a doctor's error leads to your death then you can sue for the wrongful death. In these claims, you are legally entitled to all the compensation you would have gotten in a survival lawsuit, plus punitive damages.

In many states, there are limits on the amount you can recover in a malpractice case. These caps vary state-to-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 file a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be followed or the case could be barred. Generally speaking, a monroe malpractice lawyer lawsuit must be filed within two to six years of the occurrence of medical malpractice. The time limit differs by state.

It is crucial to consult an attorney as soon as you can. The law firm will investigate to determine if there was malpractice and whether the case will stand up in the court. This process takes weeks or even months.

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is changed. For instance in Pennsylvania a patient must file a claim within two years from the date they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is known as the discovery rule.

In some states the statutes of limitation begin to run on the date the malpractice occurred. This is problematic if the act does not immediately cause symptoms. Consider, for instance, that a doctor erroneously 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 the surgery. In this case the statute of limitations could have expire from the date the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor's duty of taking care of the patient, the medical standards in the region and malpractice specialty for that type of physician with similar qualifications and expertise and the manner in which the defendant departed from those standards. The expert will also explain how the deviance directly caused the injury of the patient.

The defendant will contract an expert to challenge the plaintiff's expert, and give their professional opinion regarding whether the doctor's treatment was consistent with standards of care. The experts could disagree however the fact-finder determines which expert is the most trustworthy.

It is advisable for the expert to be still working in the medical field as they are more informed about current practice. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also better to have an expert who has specialized in the area of malpractice. For example, a medical expert who is knowledgeable about treating breast cancer can make an even more convincing case for the reason for a plaintiff's injury. A medical malpractice lawyer in Ocala will know which experts to talk to.