How to File a Medical Malpractice Lawsuit

To bring an action for medical winfield malpractice law firm against a hospital or doctor you must prove that the defendant has violated their duty towards patients. This can be evidence from hospitals and medical records.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately they 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 file a lawsuit against the medical professional. In order to have a valid claim, the injured patient must prove that there are four legal elements present in the case: breach of duty, causation and damages.

Malpractice can be defined as an act by a doctor that is outside the accepted norms within the medical profession and results in harm to a patient. It is a section of tort law that addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence is different from normal negligence in that the person who is injured has to demonstrate that the doctor knew, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For instance an surgeon who accidentally nicks a nerve or vein during surgery could be in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a case of medical malpractice, the defendant has the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances could provide. The breach of duty is crucial because it demonstrates that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, like future medical costs, as well as non-economic losses like pain and discomfort.

To be able to claim damages, it is essential to show that a doctor has violated the duty of care and that his deviance from the standard of care resulted in injury, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that caused an infection or other medical problem and you needed to seek additional treatment because of it. Other damages are less readily evident, like when your doctor has misdiagnosed you and you are unable to receive the proper treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these cases, you are entitled to everything you would have received in a survival case as well as punitive damages.

In a majority of states, there are limits to the amount you can get in a malpractice claim. These caps differ from state to state and are usually applicable to both economic and other damages. Some states have laws that limit the amount of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The timeframe for filing a lawsuit is different for each state.

The time frame can be complex and it is essential to speak with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be found to be valid in the court. This stage can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. In Pennsylvania patients are entitled to two years from the date that they were aware of the negligence. This is known as the discovery rule.

In certain states the statutes of limitation begin to run from the date the malpractice occurred. This can be a problem when the malpractice doesn't immediately cause symptoms. Consider, for instance, that a doctor has negligently left a foreign object in the patient's body after surgery. The patient may not realize the foreign object until three or more years after surgery. In that scenario, the statute of limitations could have run from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of providing medical 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 similar qualifications and expertise and the manner in which the defendant departed from those standards. The expert will also explain the way in which the defendant's actions directly caused the injury to the patient.

The defendant will contract an expert to challenge the plaintiff’s expert, and then provide their professional opinion as to whether the doctor met the standards of care. The experts could disagree but the fact-finder will decide which expert is most credible.

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

It is also advisable to choose an expert who specializes in the area of malpractice. A medical professional with experience treating breast cancer, for instance, could present a a convincing argument as to the cause of an injury. A medical lucas malpractice lawyer attorney in Ocala will know the best expert witnesses to consult.