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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a physician or hospital you must establish that the defendant has violated their duty to patients. This evidence can include hospital and medical documents.

Our lawyers have experience conducting effective depositions of witnesses. They could be doctors, other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, these standards are not always adhered to or even observed. This can lead to devastating consequences.

A lawsuit can be brought against a medical professional if patients are injured or suffers a death due to the negligence of the physician. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements in place such as breach of duty, causation and damages.

Malpractice is defined as an action by the doctor that is against the accepted norms of the medical field and firm can cause injury to a patient. It is a subset of tort law that deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence in that the person who is injured must prove that the physician was aware that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence but not malpractice. This is because the surgeon did not intend to harm anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standards of care that a prudent health care professional of similar experience and education would provide in similar circumstances. The breach of duty is crucial because it shows that the negligent act caused the injury.

Damages

The damages in a malpractice case are based on the losses you suffered as a result of the negligence of a physician. This can include both financial losses, like future medical expenses, as well as non-economic damages such as discomfort and pain.

To be able to claim damages, you need to demonstrate that a doctor did not fulfill the law and that his deviance from the standard of care resulted in injuries, and the damage had quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of the losses can be observed immediately, for example when a mistake made by a doctor led to an infection, or other medical issues that require additional treatment. Certain damages are more difficult to see, such as when an expert misdiagnoses your illness and you cannot get the proper treatment.

If a doctor's error results in your death or death, you can file a lawsuit for the cause of death. You may seek punitive damages in addition to the compensation you would receive in a survival suit.

In most states there are limitations on the amount you can recover in a malpractice case. These caps vary from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit the length of time you can delay before filing an action.

Time Limits

As with all lawsuits there are certain time limits that must be observed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The exact time frame varies by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and whether it will be found to be valid in the court. This phase can last for weeks or months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is altered. For instance in Pennsylvania the patient must file a claim within 2 years from the date they were aware of the malpractice, or that a reasonable person should have realized the injury existed. This is known as the discovery rule.

In some states the statutes of limitation start to run on the date the malpractice occurred. This could be an issue if the error does not immediately cause symptoms. Imagine, for example, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient might not find the foreign object until at least three years after the surgery. In that scenario the statute of limitation could have run from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of taking care of the patient as well as the standards of medical care in the area and the specialization for doctors with the same qualifications and experience and the ways in which the defendant deviated from those standards. The expert will also explain how the defendant's deviance directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor met the standard of care. The experts could disagree but the fact-finder is the one who decides which expert is most reliable.

It is recommended for the expert to be working in the medical field because they are more knowledgeable about current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who rely solely on court testimony.

It is also better to hire an expert with expertise in the field of malpractice. A medical professional with had experience treating breast cancer for instance, can present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice lawyer will know which expert witnesses to call for your case.