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How to File a Medical Malpractice Lawsuit

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

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors or other medical professionals who are in private practice, or working at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. In some instances, these standards are not met or are even violated. The consequences of this breach could be devastating.

When someone suffers injury or death as a result of a physician's malpractice, they may sue the medical professional. To establish a case, an injured patient must prove four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act or omission by medical professionals that is contrary to the norms of practice accepted in the medical community and results in injury to the patient. It is a component of tort law, which covers civil violations but not criminal or contractual duties.

Medical negligence is distinct from normal negligence in that the injured party has to demonstrate that the doctor was aware, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance, a surgeon who accidentally cuts a vein or nerve during surgery is negligent, but not malpractice as the surgeon did not intend to cause harm.

In an instance of medical malpractice the defendant's obligation is to treat the patient in accordance with the standard of care a qualified health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is an essential element since it proves that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses caused by a doctor's negligence. This can include both financial losses, such as the cost of future medical care as well as non-economic losses such as suffering and pain.

To recover damages, it is essential to establish that a doctor acted in violation of an obligation and that his deviance from the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that caused an infection or other medical problem that required additional treatment because of it. Some damages are more difficult to detect in the event that the doctor is unable to diagnose your condition and you don't receive the correct treatment.

If the negligence of your doctor results in your death, you can sue for wrongful death. In these claims you're entitled to all the benefits you would have received in a survival action and punitive damages.

In the majority of states, there are limitations to the amount you can get when you file a claim for malpractice. These limits vary from state to state and are usually applicable to both financial and other damages. Certain states also have rules that restrict the length of time you have to wait to file a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be followed or the case could be thrown out. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The time limit differs by state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice was committed and if it could be able to stand in court. This process takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is changed. In Pennsylvania patients are entitled to two years from the date that they discovered the error. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This is a problem when the malpractice doesn't immediately cause symptoms. Imagine, for instance that a doctor erroneously left a foreign object in the body of a patient following surgery. The patient may not discover the foreign object until at least three years after the surgery. In this case the statute of limitations could have begun in the year following the date of the surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical west allis malpractice lawsuit cases. The expert of the plaintiff will testify regarding the doctor's duty to the patient, the medical guidelines for doctors with similar qualifications in the same area and specialty and the ways in which the defendant departed from the standard. The expert will discuss why the defendant's omission directly impacted the victim'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 guidelines of care. Experts may differ, but the fact-finder decides which expert is the most trustworthy.

It is better that the expert continue to be working in the medical field because they will have better understanding of current practices. Jurors and judges tend to find practicing professionals more credible than experts who rely solely on court testimony.

It is also recommended to get an expert witness that is specialized in the field of fraud. For instance, a medical expert who is well versed in treating breast cancer can make an argument that is more convincing about the cause of the plaintiff's injury. A medical Clarkston Malpractice lawyer attorney in Ocala knows which experts to speak with.