How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This evidence could include hospital and medical documents.

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

Negligence

When a patient goes to a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately these standards aren't always adhered to or even observed. This breach can have devastating consequences.

If someone is injured or suffers death due to a doctor's negligence, they can sue the medical professional. To establish a case, the person who was injured must establish four legal aspects: duty, breach, causation and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical community and inflicts harm on the patient. It is a subset of tort law that addresses civil wrongs that are not legally binding or criminal in nature.

Medical negligence differs from normal negligence in that the party who suffers must demonstrate that the doctor was aware, or ought to have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance an surgeon who accidentally cuts a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice since the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice, the defendant has a legal obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with comparable expertise and training in similar circumstances could provide. The breach of this duty is a critical element since it proves that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses due to a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic damages such as pain and discomfort.

In order to recover damages, it is essential to establish that a doctor acted in violation of an obligation, that his deviation from the standard of care resulted in injuries, and the damage resulted in measurable financial costs. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that led to an infection or other medical complications and you required further treatment as a result. Certain damages are more difficult to spot in the event that an expert misdiagnoses your illness and you do not receive the correct treatment.

You can sue for wrongful death if your doctor's negligence causes your death. You can claim punitive damages in addition the compensation you'd receive in a survival suit.

In most states, there are limitations on the amount you can recover in a legal case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to make a claim.

Time Limits

As with all lawsuits there are certain time limits which must be adhered to or the case may be dismissed. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The time limit differs by state.

The time frame can be complicated and it is important to consult with a lawyer right away. The law firm will investigate to determine if there were any mistakes and if the case could stand up in court. This stage can take up to a few weeks or even months.

Medical greensburg malpractice lawsuit cases involve different laws than other types of cases and the statute of limitations is extended. In Pennsylvania the patient is entitled to two years from the date that they discovered the malpractice. This is known as the discovery rule.

In some states the statutes of limitation begin to run from the date that the medical error occurred. This is a problem if the medical error does not cause immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient may not discover the foreign object until three or more years after the surgery. In that case, the statute of limitations might have started to start running from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, the medical requirements for doctors with similar qualifications in the field and specialty and the ways in which the defendant's conduct was different from the standard. The expert will explain how the deviance directly caused the patient's injury.

The defendant will employ a professional to counter the plaintiff's expert and provide their professional opinion on whether the doctor met the requirements of medical care. The experts could disagree however the fact-finder determines which expert is most credible.

It is preferential for the expert to still working in the medical field, since they'll have a better knowledge of current practices. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who solely rely on the testimony of a court.

It is also beneficial to get an expert witness that is specialized in the area of the malpractice. For instance, a medical expert who is well versed in dealing with breast cancer can present a a more convincing argument about the cause of the plaintiff's injury. A medical glenn heights malpractice lawyer lawyer in Ocala will know the best experts to ask.