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How to File a Medical Malpractice Lawsuit
A medical malpractice lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence may include hospital and medical records.
Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or working at a clinic or hospital.
Negligence
Patients have the right to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.
If someone suffers injury or death due to a doctor's malpractice, they may sue the medical professional. To be able to file a valid lawsuit, the person who was injured must establish four legal elements: duty, breach, causation and damages.
Malpractice is defined as an act or omission committed by a physician that deviates from the accepted norms of medicine in the medical community, and causes injury to the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual duties.
Medical negligence differs from regular negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to hurt anyone.
In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient in accordance with the standard of care a competent health professional with similar experience and education could provide in similar situations. The breach of duty is significant because it demonstrates that the alleged negligent conduct caused the injury.
Damages
In a case of malpractice damages are determined based on the losses you have suffered due to a physician's negligence. This can include both financial losses, such as the cost of future medical expenses and non-economic losses, such as pain and suffering.
To claim damages, you must prove that the doctor breached 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, which usually requires expert witness testimony.
Certain of these losses can be seen immediately, for instance the case where a doctor's error resulted in an infection or other medical issues which required additional treatment. Some damages are more difficult to detect in the event that the doctor is unable to diagnose your condition and you are unable to receive the correct treatment.
You are able to sue for wrongful-death in the event that a negligent doctor causes your death. You can seek punitive damages in addition the compensation you would receive in a survival suit.
In most states there are limits on the amount you can recover in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.
Time Limits
Like any lawsuit, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The specific time limit is determined by the state.
The time frame can be complicated, so it is vital to consult with a lawyer immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case can stand up in court. This phase can last for months or weeks.
Medical malpractice cases are subject to different laws, and the statute of limitation is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the error. This is known as the discovery rule.
In some states, the statutes of limitations start to run on the date that the medical error occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body in the body of a patient following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have started at the time of surgery, not the discovery of error.
Expert Witnesses
Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for a plaintiff will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialization for that type of physician with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will discuss why the defendant's omission directly impacted the patient's injuries.
The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether the doctor met the standards of care. The experts may disagree however the fact-finder determines which expert is the most trustworthy.
It is advisable for the expert to be working in the medical profession since they are more informed about current practice. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.
It is also recommended to hire an expert who has specialized in the field of malpractice. A medical professional who has had experience treating breast cancer for example, can make a convincing argument as to the cause of an injury. A medical malpractice attorney in Ocala will know which experts to speak with.
A medical malpractice lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence may include hospital and medical records.
Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or working at a clinic or hospital.
Negligence
Patients have the right to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.
If someone suffers injury or death due to a doctor's malpractice, they may sue the medical professional. To be able to file a valid lawsuit, the person who was injured must establish four legal elements: duty, breach, causation and damages.
Malpractice is defined as an act or omission committed by a physician that deviates from the accepted norms of medicine in the medical community, and causes injury to the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual duties.
Medical negligence differs from regular negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to hurt anyone.
In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient in accordance with the standard of care a competent health professional with similar experience and education could provide in similar situations. The breach of duty is significant because it demonstrates that the alleged negligent conduct caused the injury.
Damages
In a case of malpractice damages are determined based on the losses you have suffered due to a physician's negligence. This can include both financial losses, such as the cost of future medical expenses and non-economic losses, such as pain and suffering.
To claim damages, you must prove that the doctor breached 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, which usually requires expert witness testimony.
Certain of these losses can be seen immediately, for instance the case where a doctor's error resulted in an infection or other medical issues which required additional treatment. Some damages are more difficult to detect in the event that the doctor is unable to diagnose your condition and you are unable to receive the correct treatment.
You are able to sue for wrongful-death in the event that a negligent doctor causes your death. You can seek punitive damages in addition the compensation you would receive in a survival suit.
In most states there are limits on the amount you can recover in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.
Time Limits
Like any lawsuit, there are time limits which must be adhered to, or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The specific time limit is determined by the state.
The time frame can be complicated, so it is vital to consult with a lawyer immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case can stand up in court. This phase can last for months or weeks.
Medical malpractice cases are subject to different laws, and the statute of limitation is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the error. This is known as the discovery rule.
In some states, the statutes of limitations start to run on the date that the medical error occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body in the body of a patient following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have started at the time of surgery, not the discovery of error.
Expert Witnesses
Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for a plaintiff will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialization for that type of physician with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will discuss why the defendant's omission directly impacted the patient's injuries.
The defendant will engage an expert to challenge the plaintiff's expert and give their professional opinion on whether the doctor met the standards of care. The experts may disagree however the fact-finder determines which expert is the most trustworthy.
It is advisable for the expert to be working in the medical profession since they are more informed about current practice. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.
It is also recommended to hire an expert who has specialized in the field of malpractice. A medical professional who has had experience treating breast cancer for example, can make a convincing argument as to the cause of an injury. A medical malpractice attorney in Ocala will know which experts to speak with.
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