How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or hospital it is necessary to prove that the defendant has breached their duty to patients. This evidence can include hospital and medical records.

Our attorneys have extensive experience in conducting effective depositions. These may be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

Patients have a 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 met, or even violated. The results of this breach can be devastating.

If someone is injured or suffers death because of a doctor's negligence, they can sue the medical professional. To establish a case the injured person must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is defined as an act or omission by medical professionals that is contrary to the norms of practice accepted within the medical profession, and inflicts harm on the patient. It is a subset of tort law that deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the party who suffers has to prove that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For example, a surgeon who accidentally creates a cut on a vein or nerve during surgery would be guilty of negligence but not malpractice since the doctor didn't intend to cause harm.

In a case of medical malpractice the defendant is under the obligation of treating the patient in accordance with the standards of care that a reasonably competent healthcare professional with similar experience and training in similar circumstances would offer. The breach of duty is crucial since it establishes that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered caused by a doctor's negligence. They can be a combination of financial loss, like the expense of medical treatment in the future and non-economic losses, like suffering and pain.

To claim damages, you must show that the doctor violated a duty of care, that the doctor's deviation from the standard of care caused injury, and that the injury was measurable in terms of 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 other medical complications that required additional treatment in the aftermath. Certain damages are more difficult to detect for instance, when an expert misdiagnoses your illness and you don't receive the right treatment.

You can sue for wrongful death in the event that your doctor's negligence results in your death. In these claims you're entitled to everything you would have received in a survival action and punitive damages.

In many states, there are limitations on whamedical care to the patient and the medical standards for the area and the specialization for doctors with the same qualifications and experience and the manner in which the defendant departed from those standards. The expert will then explain how the departure directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor met the guidelines of care. It is not uncommon for experts to disagree with one and yet the fact finder decides who is the most trustworthy based on their expertise and experience.

It is best for the expert to be working in the medical field since they are more knowledgeable about the current practices. Judges and jurors often find practicing professionals more credible than experts whose only source of income is the testifying in court.

It is also recommended to have an expert with expertise in the area of olivette malpractice attorney. A medical professional who has prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala will know which expert witnesses to consult.