How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant has violated his or her duty to patients. This evidence could be a medical and hospital documents.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors or other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. However, in a few instances these standards are not being met or even violated. This can cause devastating consequences.

A lawsuit can be brought against a medical professional if patients are injured or dies as a result of the negligence of the doctor. To establish a case the patient who has been injured must establish four legal elements: duty, breach, causation and damages.

Malpractice can be defined as an act by the doctor that is against the norms of the medical profession and causes injury to the patient. It is a component of tort law, which covers civil violations, not criminal offenses or contractual obligations.

Medical negligence is different from normal 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 doesn't. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found considered negligent, but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice lawsuit the defendant is bound by a legal obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with similar experience and training in similar situations would provide. The breach of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses due to a physician's negligence. These can include both actual financial loss, like the cost of future medical expenses, and non-economic losses like suffering and pain.

To claim damages, you have to prove that the doctor violated a duty of care, that the doctor's deviation from the norm caused injury, and that this injury resulted in quantifiable financial consequences. This is a complicated legal analysis, which usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment as a result. Other losses are not as evident, like when your doctor has misdiagnosed you and you are not able to get the correct treatment.

If a doctor's error leads to your death, you can sue for the wrongful death. You may seek punitive damages in addition to the compensation you'd receive in a case of survival.

In the majority of states, there are limitations on the amount you can recover in a malpractice case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to file a lawsuit.

Time Limits

As with any lawsuit there are certain time limits that must be observed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The specific time limit is different for each state.

The time limit can be complex, and it is crucial to consult an attorney right away. The law firm will conduct an investigation to determine if malpractice was committed and if it could be accepted in the court. This process takes weeks or months.

Medical malpractice cases have different laws than other types of cases and the statute of limitations is changed. In Pennsylvania, a patient has two years from the date when they first discovered the error. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the new hempstead malpractice lawyer happened. This could be an issue if the medical malpractice does not cause any immediate symptoms. As an example, suppose a doctor negligently leaves an object foreign to the body following surgery. The patient may not discover the foreign object until at least three years after surgery. In this instance, the statutes of limitations could have started beginning from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Many medical Kuna malpractice law firm cases depend on expert witnesses to clarify the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of providing medical care to the patient as well as the standards of medical care in the area and in the specialty of doctors who has similar qualifications and abilities and the manner in which the defendant departed from the standards. The expert will describe the way in which the defendant's actions directly caused the injury to the patient.

The defendant will employ a professional to counter the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor met the guidelines of care. It is not uncommon for experts to differ with each and yet the fact finder decides who is the most trustworthy based on their knowledge and experience.

It is preferential for the expert to be working in the medical field because they are more informed about current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely solely on the testimony of a court.

It is also better to work with an expert with expertise in the area of malpractice. For example, a medical expert who is well versed in treating breast cancer can make an even more convincing case for the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will know which experts to call for your case.