How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a hospital or doctor you must prove that the defendant has breached their obligation to patients. This evidence could be a hospital and medical documents.

Our lawyers have experience conducting effective depositions of witnesses. These may be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. In some instances, these standards are not met or are even breached. This breach could have devastating consequences.

A lawsuit can be filed against a medical professional if patients are injured or suffers a death due to the negligence of the physician. To have a valid case, the person who was injured must prove four legal elements including breach of duty and causation and damages.

Malpractice can be described as an act performed by the doctor that is against the accepted norms in the medical field and can cause harm to the patient. It is a section of tort law that addresses civil wrongs but not criminal or contractual duties.

Medical negligence is distinct from regular negligence in that the victim must demonstrate that the doctor knew, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For example an surgeon who accidentally nicks a nerve or vein during surgery could be guilty of negligence but not malpractice since the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient according with the standards of care that a reasonably knowledgeable health professional with similar experience and training would offer in similar circumstances. The breach of duty is crucial because it demonstrates that the negligence alleged caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you sustained as a result of the negligence of a physician. These can include both actual financial loss such as the cost of future medical care and non-economic losses, like pain and suffering.

To recover damages, it is essential to establish that a doctor acted in violation of the duty of care and that his deviance from the standard of care caused injury, and that the injury had quantifiable financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that resulted in an infection or medical condition and you required further treatment because of it. Some damages are more difficult to spot, such as when the doctor is unable to diagnose your condition and you are unable to receive the correct treatment.

If the negligence of your doctor causes you to die then you can sue for wrongful death. You can seek punitive damages in addition to the compensation you'd receive in a case of survival.

In most states there are limitations on the amount you can recover in a malpractice case. These caps differ from state to state, and are typically applicable to both economic and vimeo other damages. Some states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames which must be adhered to or the case will be barred. Generally speaking, a medical cupertino malpractice attorney lawsuit must be filed within two to six months of the medical malpractice arising. The timeframe for filing a lawsuit is different for each state.

The time period can be complex and it is essential to consult with a lawyer right away. The law firm will investigate to determine if there was any malpractice and if the case can be heard in court. This stage can take weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and the statute of limitations is modified. For example, in Pennsylvania the patient must file a claim within two years of the date they realized the malpractice or when a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date that the milford malpractice lawyer occurred. This is an issue if the medical error doesn't cause immediate symptoms. Imagine, vimeo for Vimeo instance, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient may not realize the foreign object until at least three years after the surgery. In this instance the statute of limitations may have started at the time of surgery, not the moment of discovery.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. Expert witnesses for plaintiffs will testify about the doctor's duty of taking care of the patient as well as the standards of medical care in the area and in the specialty of that type of physician who has similar qualifications and abilities and the manner in which the defendant departed from those standards. The expert will explain how the deviance directly led to the patient's injury.

The defendant will contract an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor's actions met the guidelines of care. It is common for the experts to differ with each however the fact finder decides who is the most trustworthy on their education and experience.

It is preferential for the expert to remain working in the medical field since they are more knowledgeable about current practice. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also beneficial to choose an expert who has specialized in the area of malpractice. For example an expert in medicine who is proficient in treating breast cancer can make a more convincing argument about the cause of the plaintiff's injury. A medical malpractice attorney in Ocala knows which experts to ask.