How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her obligation to patients. This evidence may include hospital and medical records.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors or other medical professionals working in private practice, or employees 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 adhered to or even violated. The results of this breach can be devastating.

If someone suffers injury or death as a result of a doctor's negligence, they could pursue a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must establish four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice can be described as an act performed by an individual doctor that is not in line with the norms of the medical profession and results in harm to the patient. It is a component of tort law that deals with civil wrongs but not criminal or contractual duties.

Medical negligence is different from normal negligence in that the person who is injured must demonstrate that the doctor knew, or ought to have known, that their actions were going to cause harm before they can claim ridgefield park malpractice attorney. Normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to hurt anyone.

In a case of medical malpractice, Vimeo.com the defendant has a duty to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances would offer. The violation of this duty is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you sustained due to negligence by a doctor. They can be a combination of financial loss, like the expense of medical treatment in the future as well as non-economic losses such as suffering and pain.

In order to recover damages, you must show that the doctor breached the duty of care, that the doctor's deviation from the standard caused injury, and this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that resulted in an infection or medical condition and you needed to seek additional treatment because of it. Some damage is more difficult to spot like when doctors misdiagnose your condition and you cannot get the proper treatment.

If a doctor's error leads to your death and you are unable to sue, you may be able to sue for wrongful death. In these claims you are legally entitled to all the compensation you could have gotten in a survival lawsuit and punitive damages.

In the majority of states, there are limitations on what you can claim in a lawsuit for malpractice. These caps vary from state to state, and are typically applicable to both financial and other damages. Some states also have rules that restrict how long you can wait to start a lawsuit.

Time Limits

As with any lawsuit there are certain time limits which must be adhered to or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The exact time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice occurred and if it will hold up in the court. This phase can last for several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is modified. For example in Pennsylvania the patient has to make a claim within two years from the day they discovered the malpractice or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In some states the statutes of limitation begin to run from the date the medical error occurred. This could be an issue if the medical error doesn't cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient might not find the object until three years after the procedure. In this situation, the statutes of limitations could have begun at the time of surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of treating the patient with respect and the medical standards for the region and specialization for that type of physician with similar qualifications and expertise and the ways the defendant violated the standards. The expert will then explain how the deviance directly caused the injury suffered by the patient.

The defendant will engage a professional to counter the plaintiff’s expert, and provide their professional opinion on whether the doctor was in compliance with the requirements of medical care. The experts could disagree but the fact-finder will decide which expert is most trustworthy.

It is best for an expert to be working in the medical field, because they will have better knowledge of current practices. Judges and jurors typically find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also preferable to get an expert witness who has expertise in the area of the negligence. A medical expert with expertise in treating breast cancer, for instance, can provide an argument convincingly as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to refer your case.