How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a hospital or doctor you must prove that the defendant has violated their obligation to patients. This evidence may include medical and hospital records.

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

Negligence

Patients have the right to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, in some cases these standards are not being met or even violated. The consequences of this breach can be devastating.

If someone is injured or suffers death due to a doctor's negligence, they can sue the medical professional. To be able to file a valid lawsuit, an injured patient must prove four legal elements including breach of duty and causation and damages.

flossmoor malpractice attorney is defined as an act by doctors that goes against the norms of the medical community and causes injury to a patient. It is an aspect of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the physician knew or should have known that their actions could cause harm in order to prove malpractice, whereas normal negligence does not. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to harm anyone.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standard of care a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. 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 doctor's negligence. They can be a combination of financial loss, like the expense of medical treatment in the future as well as non-economic losses such as suffering and pain.

In order to recover damages, you have to prove that the doctor breached the duty of care, that the doctor's deviation from that standard caused injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that led to an infection or medical condition that required additional treatment as a result. Some damage is more difficult to detect in the event that the doctor is unable to diagnose your condition and you cannot get the correct treatment.

If a medical professional's negligence results in your death and you are unable to sue, you may be able to sue for wrongful death. You may be able to claim punitive damages in addition the compensation you would get in a lawsuit for survival.

In most states, there are limits to the amount you can recover in a legal case. The caps differ from state to state and are usually applicable to both economic and other damages. Certain states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

Like all lawsuits, 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 from the medical malpractice arising. The time frame varies by state.

The time limit can be complicated, so it is vital to speak with an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will hold up in court. This process can take several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is often modified. For instance in Pennsylvania the patient has to make a claim within two years of the date they discovered the malpractice or that a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This could be problematic if the act is not immediately causing symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the patient's body after surgery. The patient might not find the object until three years after the surgery. In that situation the statute of limitation might have started to start running from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialty for the type of doctor with similar qualifications and skills and the manner in which the defendant departed from the standards. The expert will explain how the defendant's departure 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. Experts may differ but the fact-finder will decide which expert is most credible.

It is better for the expert to be working in the medical field because they'll have more knowledge of the current practice. Jurors and judges typically consider professionals who are practicing more credible than experts who solely rely on court testimony.

It is also recommended to use an expert witness who specializes in the area of the fraud. A medical expert who has experience treating breast cancer, for instance, could present a an argument convincingly as to the cause of an injury. A medical inverness malpractice lawsuit lawyer in Ocala will know which experts to speak with.