How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or a hospital, you must have evidence that the defendant has breached their duty to patients. This evidence can include hospital and medical documents.

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

Negligence

Patients have the right to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately, in some instances these standards are not met or are even breached. The consequences of this breach can be devastating.

If someone suffers injury or death as a result of a physician's negligence, they can pursue a lawsuit against the medical professional. To prove a case the patient who has been injured must establish four legal aspects: duty, breach, causation and damages.

Malpractice is described as an act performed by an individual doctor that is not in line with the norms of the medical field and can cause injury to patients. It is an aspect of tort law that deals with civil wrongs that do not fall under contractual duties or criminal offenses.

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

In a medical metter malpractice attorney case the defendant's responsibility is to provide the patient with the standard of care a prudent health care professional of similar experience and training would provide in similar circumstances. The breach of duty is significant because it shows that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial loss, like the cost of future medical care and non-economic losses, such as suffering and pain.

To recover damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from that standard caused injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious like when your doctor made a mistake that led to an illness or other medical issue that required additional treatment because of it. Other damages are less readily obvious, for instance if your doctor misdiagnoses you, and you are unable to receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. In these cases you're entitled to everything you would have received in a survival lawsuit, plus punitive damages.

In many states, there is a limit on what you can receive in a malpractice claim. The caps differ by state and typically apply to both economic and non-economic damages. Some states have laws that limit the length of time you can wait before filing an action.

Time Limits

As with all lawsuits there are certain time limits which must be adhered to or the case may be dismissed. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The deadline varies according to state.

The time frame can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be able to stand in court. This can take weeks or even months.

Medical danbury Malpractice attorney cases involve different laws than other types of cases, and often the statute of limitations is modified. In Pennsylvania the patient is entitled to two years from the time when they first discovered the malpractice. This is called the discovery rule.

In certain states the statutes of limitations begin to expire on the date on which the medical error occurred. This is problematic if the medical error does not cause immediate symptoms. For instance, suppose doctors mistakenly leave an object foreign to the body after surgery. The patient may not realize the foreign object until three or more years after the surgery. In that scenario the statute of limitations might have started to start running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for a plaintiff will testify about the doctor's duty of treating the patient with respect, the medical standards in the region and specialty for that type of physician with the same qualifications and experience and the ways the defendant deviated from the standards. The expert will then explain how the departure directly led to the patient's injury.

The defendant will contract an expert to challenge the plaintiff's expert, and offer their professional opinion regarding whether the doctor was in compliance with the requirements of medical care. Experts may differ, but the fact-finder decides which expert is most credible.

It is best for the expert to remain working in the medical profession since they are more informed about current practice. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also beneficial to work with an expert who is specialized in the area of malpractice. A medical professional with experience treating breast cancer, for instance, could present a a convincing argument as to the cause of an injury. A medical malpractice attorney in Ocala will know what experts to speak with.