How to File a Medical Malpractice Lawsuit

In order to bring a medical island park malpractice lawsuit lawsuit against a doctor or a hospital you must establish that the defendant has violated their duty towards patients. This evidence could include hospital and medical documents.

Our attorneys have a wealth of experience in taking depositions that are effective. These may 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 care. Unfortunately, in some cases these standards are not met or are even violated. The consequences of this breach could be devastating.

A lawsuit may be brought against a medical professional if patients are injured or dies because of the negligence of the doctor. To have a valid claim, the patient must prove that there are four legal elements present such as breach of duty, causation and damages.

Malpractice is described as an act performed by doctors that goes against the norms of the medical community and causes injury to the patient. It is a section of tort law that deals with civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the party who suffers must 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 nicks or cuts a vein or nerve during surgery is guilty of negligence but not negligence. This is because the doctor did not intend to cause harm to anyone.

In the case of medical negligence, the defendant's duty is to treat the patient according with the standard of care a competent health professional with similar experience and training would provide in similar circumstances. The breach of this obligation is a crucial aspect since it shows that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you suffered as a result of a doctor's negligence. This could include financial losses, including future medical expenses, as well as non-economic damages such as pain and malpractice discomfort.

To be able to claim damages, it is essential to show that a doctor has violated an obligation and that his deviance from the standard of care caused injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that caused an infection or other medical complications, and you needed additional treatment due to the result. Some damages are more difficult to spot, such as when the doctor is unable to diagnose your condition and you don't receive the right treatment.

If the negligence of your doctor results in your death then you can sue for the cause of death. In these claims you are entitled to everything you would have received in a survival action and punitive damages.

In many states, there are limitations on what you can claim in a malpractice case. These limits vary from state to state and are generally applicable to both economic and other damages. Some states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The timeframe for filing a lawsuit differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be able to stand in court. This process takes several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is often altered. In Pennsylvania patients are entitled to two years from the date that they discovered the malpractice. This is referred to as the discovery rule.

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

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. Expert witnesses for plaintiffs will testify about the doctor's duty of care to the patient as well as the standards of medical care in the area and in the specialty of that type of physician with the same qualifications and experience and the ways the defendant's actions were in violation of those standards. The expert will then explain how the deviation directly caused the patient's injury.

The defendant will employ a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor's actions met the requirements of medical care. Experts could differ but the fact-finder will decide which expert is most credible.

It is recommended for the expert to be working in the medical field as they are more knowledgeable about current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who rely solely on the testimony of a court.

It is also beneficial to choose an expert who is specialized in the area of malpractice. For example a medical professional who is experienced in treating breast cancer could make a an argument more convincing regarding the reason for the plaintiff's injuries. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to consult for your case.