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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or hospital, you must have evidence that the defendant has violated their duty to patients. This could include hospital and medical documents.

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

Negligence

When a patient goes to a doctor or hospital professional they are entitled to certain standards of medical care. Unfortunately they aren’t always adhered to or even observed. This can cause devastating consequences.

If someone is injured or suffers death because of a doctor’s bremen malpractice attorney, they may bring a lawsuit against the medical professional. 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 described as an act performed by doctors that goes against the norms of the medical community and causes injury to a patient. It is a subset of tort law that deals with civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence differs from normal negligence in that the party who suffers must prove that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. 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 doctor did not intend to hurt anyone.

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

Damages

In a malpractice case, damages are calculated based on the amount you’ve suffered caused by a doctor’s negligence. This could include financial losses, such as future medical costs, and non-economic damages such as pain and discomfort.

In order to recover damages, it is essential to show that a doctor has violated an obligation, that his deviation from the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made a mistake that led to an infection or other medical problem, and you needed additional treatment due to the result. Some damages are more difficult to identify in the event that a doctor misdiagnoses your condition and you don’t receive the proper treatment.

If a doctor’s error results in your death and you are unable to sue, you may be able to sue for the cause of death. You can seek punitive damages in addition the compensation you’d get in a lawsuit for survival.

In the majority of states, there are limits on the amount you can recover in a malpractice case. These caps vary by state and typically apply to both economic and non-economic damages. Certain states also have rules that limit how long you can wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are specific deadlines to be adhered to or the case may be dismissed. A malpractice lawsuit should generally be filed between two and six years after the incident occurred. The specific time limit is determined by the state.

The time limit is complicated, so it is vital to speak with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be able to stand in court. This process can take weeks or even months.

Medical malpractice cases have different laws than other types of cases and the statute of limitations is modified. In Pennsylvania, a patient has two years from the time that they realized the negligence. This is called the discovery rule.

In certain states, the statutes of limitations begin to run from the date when the medical error occurred. This can be problematic if the act does not immediately cause symptoms. As an example, suppose an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient might not find the object until three years after the surgery. In this situation the statute of limitations could have been at the time of the procedure, not necessarily the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the details of the case. The expert of the plaintiff will testify on the doctor’s duty to the patient, medical requirements for doctors who have similar qualifications in the same area and specialty and the ways in which the defendant’s conduct was different from those standards. The expert will describe how the defendant’s deviance directly impacted the patient’s injuries.

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

It is preferential for the expert to be still working in the medical field since they are more informed about current practice. Jurors and judges typically believe that practicing professionals are more credible than experts whose sole source of income is a testimony in court.

It is also recommended to work with an expert with expertise in the field of malpractice. A medical professional who has prior experience treating breast cancer for instance, can provide a convincing argument as to the cause of an injury. A medical winter garden malpractice attorney attorney in Ocala will know the best experts to ask.