How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or hospital it is necessary to prove that the defendant has violated their duty to patients. This evidence could be a medical and hospital records.

Our lawyers have experience deposing witnesses in a professional manner. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. However, in a few instances these standards are not met, or even violated. The results of this breach can be devastating.

When someone is injured or death as a result of a physician's negligence, they could file a lawsuit against the medical professional. To be able to make a legitimate claim, the injured patient must prove that four legal elements exist in the case: breach of duty, causation, and damages.

Malpractice can be defined as an act committed by a doctor that is outside the accepted norms within the medical community and causes harm to the patient. It is a part of tort law that addresses 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 ought to have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. For instance a surgeon who accidentally cut a vein or nerve during surgery would be guilty of negligence but not malpractice since the surgeon did not intend to cause harm.

In a case of medical mammoth lakes malpractice Lawsuit the defendant is bound by a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances would offer. The breach of duty is important because it shows that the negligence alleged caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses as a result a doctor's negligence. These could include both financial loss, such as the expense of medical treatment in the future, and non-economic losses such as suffering and pain.

In order to recover damages, it is necessary to demonstrate that a doctor did not fulfill a duty or obligation, and that his lapse from the standard of care caused injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made a mistake that led to an infection or other medical complications, and you needed additional treatment as a result. Some damages are more difficult to detect, such as when a doctor misdiagnoses your condition and you cannot get the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. You can seek punitive damages in addition to the compensation you'd receive in a survival suit.

In the majority of states, there are limitations on the amount you can recover in a legal case. These caps differ from state to state and are usually applicable to both economic and other damages. Certain states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with any lawsuit there are certain deadlines that must be observed or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The time frame varies by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be accepted in the court. This process takes several weeks or even months.

Medical sugar land malpractice lawyer cases are governed by different laws than other types of cases, and often the statute of limitations is modified. For example in Pennsylvania patients must file a claim within two years from the day they discovered 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 to run from the date the malpractice happened. This is a problem when the malpractice does not immediately cause symptoms. For instance, suppose that a doctor negligently leaves a foreign object in the body after surgery. The patient may not realize the foreign object until at least three years after surgery. In that case the statute of limitation could have expire from the date the procedure, not the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will discuss the doctor's obligation of taking care of the patient, the medical standards in the area and the specialization for the type of doctor with the same qualifications and experience and the ways that the defendant deviated from the standards. The expert will also explain how the defendant's departure directly caused the injury to the patient.

The defendant will engage an expert to challenge the plaintiff’s expert, and provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. Experts may differ, but the fact-finder decides which expert is the most credible.

It is best that the expert continue to be working in the medical field, because they'll have better understanding of current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also advisable to hire an expert witness who has expertise in the area of the malpractice. A medical professional with experience treating breast cancer, for example, can make an argument that is convincing as to the reason for an injury. A medical malpractice lawyer in Ocala will know which experts to talk to.