You'll Never Guess This Malpractice Case's Tricks

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This could include medical and hospital records.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors, other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately the standards aren't always met or even violated. The results of this breach can be devastating.

When someone is injured or death because of a doctor's negligence, they can bring a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must prove that four legal elements are present in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is an aspect of tort law that addresses civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the party who suffers must demonstrate that the doctor knew, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be found in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a qualified health professional with similar experience and expertise could provide in similar situations. The violation of this duty is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are based on the losses you sustained as a result of the negligence of a doctor. This can include both financial losses, including future medical costs, and non-economic damages such as pain and discomfort.

To be able to claim damages, you must prove that the doctor violated a duty of care, that the physician's deviation from the norm resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance the case where a doctor's error led to an infection, or any other medical condition that required further treatment. Some damages are more difficult to spot like when doctors misdiagnose your condition and you do not receive the right treatment.

If the negligence of your doctor results in your death and you are unable to sue, you may be able to sue for wrongful death. In these claims you are entitled to everything you would have received in a survival case, plus punitive damages.

In the majority of states, there are limits on the amount you can recover in a legal case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that restrict the time you have to wait to start a lawsuit.

Time Limits

Like any lawsuit there are time frames that must be observed or the case will be dismissed. In general, a malpractice attorneys lawsuit must be filed within two to six years of the medical malpractice occurring. The deadline varies according to state.

The time frame can be complex and it is essential to consult with an attorney immediately. The law firm will conduct an investigation to determine if malpractice has occurred and if it will hold up in court. This can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitations is changed. For instance, in Pennsylvania patients must file a claim within 2 years from the day they were aware of the malpractice, or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This is problematic if the medical error doesn't cause immediate symptoms. For example, suppose the doctor is negligently leaving an object foreign to the body following surgery. The patient might not discover the object until three years after the procedure. In that case, the statute of limitations might have started to run from the date of the surgery instead of the discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and in the specialty of the type of doctor with similar qualifications and expertise and the ways the defendant's actions were in violation of those standards. The expert will then describe how the deviance directly led to the injury suffered by the patient.

The defendant will contract a professional to counter the plaintiff's expert and then provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. It is common for the experts to disagree with each and yet the factfinder decides who is most credible based on their knowledge and experience.

It is best for the expert to be still working in the medical field because they are more knowledgeable about current practice. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is a testimony in court.

It is also better to have an expert who specializes in the field of malpractice. For instance, a medical expert who is knowledgeable about treating breast cancer can make an even more convincing case for the cause of the plaintiff's injuries. An experienced Ocala medical malpractice attorney will know which experts to refer your case.