10 Simple Steps To Start Your Own Malpractice Case Business

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This evidence could include medical and hospital documents.

Our lawyers have years of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some cases these standards are not adhered to or even violated. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional when the patient is injured or dies as a result of the negligence of the physician. To prove a case the patient who has been injured must establish four legal elements that include breach of duty, breach of duty, causation and damages.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of practice in the medical community and can cause injury to the patient. It is a subset of tort law, which deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured must prove 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 is not a requirement. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to hurt anyone.

In a lawsuit for medical malpractice the defendant has a legal obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with the same experience and training in similar circumstances could provide. The violation of this obligation is a crucial element since it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuits case damages are calculated based on the amount you've suffered due to a physician's negligence. These can include both actual financial losses, such as the expense of medical treatment in the future and non-economic losses, like suffering and pain.

In order to obtain damages, it is necessary to prove that a doctor violated an obligation, that his deviation from the standard of care resulted in injuries, and the damage resulted in measurable financial costs. This is a difficult 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 and you needed to seek additional treatment in the aftermath. Certain damages are more difficult to detect for instance, when doctors misdiagnose your condition and you cannot get the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these claims you are entitled to all the benefits you would have received in a survival lawsuit, plus punitive damages.

In the majority of states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and are often applicable to both economic and other damages. Certain states also have rules that restrict how long you can wait to start a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit is determined by the state.

The time limit is complicated, so it is vital to consult an attorney right away. The law firm will conduct an investigation to determine if malpractice was committed and if it could be accepted in the court. This stage can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and typically, the statute of limitations is extended. For example in Pennsylvania a patient must file a claim within two years of the date they realized the malpractice or when a reasonable individual would have recognized that the harm existed. This is called the discovery rule.

In some states the statutes of limitation start to run on the date when the malpractice occurred. This is problematic if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body in the body of the patient following surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In that situation the statute of limitations could have begun to begin running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to clarify the facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient and the medical standards applicable to the region and specialization for the type of doctor with similar qualifications and expertise and the manner in which the defendant deviated from the standards. The expert will then explain how the departure directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion on whether or not the doctor met the standard of care. It is not uncommon for experts to disagree with one with respect to their opinions, but the fact finder decides who is most credible based on their expertise and experience.

It is more beneficial for the expert to still be working in the medical field, since they'll have a better knowledge of current practices. Jurors and judges typically consider practicing professionals more believable than experts whose sole source of income is testifying in court.

It is also beneficial to hire an expert witness that is specialized in the field of legal malpractice. For example an expert in medicine who is knowledgeable about treating breast cancer can make an argument that is more convincing about the reason for an injury suffered by a plaintiff. A knowledgeable Ocala medical malpractice lawyer will be aware of which expert witnesses to consult for your case.