Malpractice Case: The Secret Life Of Malpractice Case

How to File a Medical Malpractice Lawsuit

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

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. However, in a few instances these standards are not met, or even breached. The results of this breach could be devastating.

If someone is injured or suffers death as a result of a doctor's malpractice, they may file a lawsuit against the medical professional. To have a valid claim, the injured patient must prove that there are four legal elements present which include 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 medicine in the medical community and results in injury to the patient. It is a component of tort law, which deals with civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor knew or should have known that their actions could cause harm to assert malpractice, however normal negligence is not required. For example a surgeon who accidentally nicks a nerve or vein during surgery would be considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice law firms, the defendant has an obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances would offer. The violation of this duty is a critical element since it proves that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you suffered due to the negligence of a physician. They can be a combination of financial loss, like the costs of future medical treatment, and non-economic losses like pain and suffering.

To be able to claim damages, you must show that the doctor violated a duty of care, that the physician's deviation from the norm resulted in injury, and the injury caused quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that caused an infection or medical condition and you required further treatment because of it. Some damage is more difficult to see in the event that the doctor is unable to diagnose your condition and you don't receive the correct treatment.

If a doctor's error leads to your death and you are unable to sue, you may be able to sue for the cause of death. In these cases, you are entitled to all the benefits you could have gotten in a survival action as well as punitive damages.

In a majority of states, there is a limit on the amount you can be awarded in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that restrict the time it takes to file a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice occurred and if it will be accepted in the court. This process can take months or even weeks.

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

In some states the statutes of limitation begin to run on the date the medical error occurred. This can be an issue if the error does not cause immediate symptoms. Imagine, for instance that a doctor negligently left a foreign body inside the body of the patient following surgery. The patient might not find the object until three years after the procedure. In this situation, the statutes of limitations could have started beginning from the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for a plaintiff will discuss the doctor's obligation of treating the patient with respect and the medical standards for the area and in the specialty of the type of doctor with similar qualifications and skills and the ways in which the defendant's actions were in violation of the standards. The expert will then explain how the deviance directly led to the injury suffered by the patient.

The defendant will employ a professional to counter the plaintiff's expert, and give their professional opinion regarding whether the doctor's treatment was consistent with standards of care. Experts may differ but the fact-finder will decide which expert is the most credible.

It is best for the expert to be still working in the medical field as they are more knowledgeable about current practices. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also recommended to have an expert with expertise in the field of malpractice. A medical professional who has prior experience treating breast cancer for example, can make an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know the best experts to speak with.