How to File a Medical Malpractice Lawsuit

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

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care 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 could be devastating.

A lawsuit may be brought against a medical professional if the patient is injured or dies as a result of the negligence of that doctor. To have a valid case, the person who was injured must establish four legal elements which are breach of duty, duty, damages and causation.

Malpractice can be described as an act performed by a doctor that is outside the accepted norms in the medical field and can cause harm to a patient. It is an aspect of tort law that addresses civil violations that are not legally binding or criminal in nature.

Medical negligence is different from regular negligence in that the victim must prove that the doctor was aware that their actions could cause harm to be able to claim malpractice, however normal negligence does not. For example a surgeon who accidentally cut a vein or nerve during surgery is negligent, but not malpractice as the doctor was not aiming to cause harm.

In a case of medical malpractice, the defendant has a legal obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances could provide. The breach of duty is significant because it shows that the alleged negligent conduct caused the injury.

Damages

In a harrisburg malpractice lawsuit case, damages are calculated based upon your losses caused by a doctor’s negligence. This can include both financial loss, like the cost of future medical expenses, and non-economic losses like pain and suffering.

To recover damages, you must show that the doctor did not fulfill a duty of care, that the doctor’s deviation from the standard caused injury, and that this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified quickly, for example when a mistake made by a doctor caused an infection or other medical complications which required additional treatment. Certain damages are more difficult to see, such as when a doctor misdiagnoses your condition and you cannot get the proper treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You can seek punitive damages in addition to the money you would receive in a survival suit.

In most states, there is a limit on the amount you can be awarded when you file a claim for malpractice. These caps differ from state to state and are generally applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to make a claim.

Time Limits

As with all lawsuits, there are specific deadlines which must be adhered to or the case could be dismissed. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The timeframe for filing a malpractice lawsuit is different for each state.

The time limit is complex, and it is crucial to consult with an attorney right away. The law firm will conduct an investigation to determine if there was a mistake and if the case will be heard in the court. This can take weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is usually modified. For example in Pennsylvania patients must file a claim within 2 years from the day they discovered the Rome Malpractice Lawsuit or the date a reasonable person should have realized the injury existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This is a problem if the medical mistake does not trigger any immediate symptoms. For instance, suppose a doctor negligently leaves an object foreign to the body after surgery. The patient may not discover the foreign object until three or more years after the surgery. In that scenario the statute of limitation could have begin running from the date of the surgery instead of the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. An expert witness for the plaintiff will be able to testify about the doctor’s duty of treating the patient with respect and the medical standards applicable to the area and in the specialty of the type of doctor with the same qualifications and experience and the ways in which the defendant violated those standards. The expert will discuss how the defendant’s departure directly caused the injury to the patient.

The defendant will engage an expert to counter the plaintiff’s expert and provide their professional opinion about whether the doctor was able to provide the required care. It is common for experts to differ with each other, but the factfinder decides who is the most trustworthy based on their expertise and experience.

It is preferential for the expert to continue working in the medical field as they are more knowledgeable about current practices. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is testifying in court.

It is also advisable to have an expert who is specialized in the field of malpractice. A medical professional with experience treating breast cancer, for instance, can provide an argument that is convincing as to the cause of an injury. An experienced Ocala medical cambridge malpractice lawyer attorney will know which experts to refer your case.