How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a doctor or a hospital, you must have evidence that the defendant has violated their duty to patients. This could include hospital and medical records.

Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not met, or even violated. This breach could have devastating consequences.

A lawsuit can be filed against a medical professional if an injured patient dies as a result of the negligence of the doctor. To be able to file a valid lawsuit the injured person must prove four legal elements: duty, breach, causation and damages.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms of the medical field and can cause injury to patients. It is a section of tort law, which addresses civil wrongs but not criminal or contractual duties.

Medical negligence is distinct from regular negligence in that the injured party has to prove that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon did not intend to hurt anyone.

In the case of medical negligence, the defendant's duty is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and qualifications would offer in similar circumstances. The breach of this duty is a crucial aspect because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered due to a doctor's negligence. These can include both actual financial loss, such as the cost of future medical care as well as non-economic losses like pain and suffering.

To recover damages, it is essential to demonstrate that a doctor did not fulfill the law and that his violation of the standard of care led to injuries, and that the injury had 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 an error that caused an infection or medical condition and you needed to seek additional treatment due to the result. Other damages are less readily evident, for instance, if your doctor has misdiagnosed you and you are unable to receive the proper treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. In these cases you're legally entitled to all the compensation you could have gotten in a survival case as well as punitive damages.

In the majority of states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states have laws that limit how long you can wait before filing an action.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The exact time frame is determined by the state.

The time frame can be complex and it is essential to consult an attorney immediately. The law firm will investigate to determine if there was a mistake and if the case could be heard 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 often modified. For example, in Pennsylvania patients must submit a claim within two years of the date they realized the asheboro malpractice attorney or when a reasonable individual would have known that the harm existed. This is referred to as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be an issue if the error doesn't cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body in the body of a patient following surgery. The patient may not realize the object until three years after the surgery. In that scenario, the statute of limitations could have begun to expire from the date the surgery, not from the time of discovery of the error.

Expert Witnesses

Many medical Wyoming Malpractice Attorney cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify regarding the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in the same area and specialization, and the ways in which the defendant's conduct was different from the standards. The expert will also explain why the defendant's omission directly impacted the patient's injuries.

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

It is recommended for the expert to remain working in the medical field as they are more knowledgeable about current practice. Jurors and judges typically consider professionals who are practicing more credible than those who rely exclusively on court testimony.

It is also advisable to get an expert witness who has expertise in the area of the negligence. A medical professional with experience treating breast cancer, for instance, could present a an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know which experts to speak with.