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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant violated his or her duty to patients. This evidence could include hospital and medical documents.

Our lawyers are skilled at taking effective depositions of witnesses. They may be doctors, other medical professionals in private practice or work at a hospital or clinic.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, in some instances these standards are not being met or even violated. This can lead to devastating results.

When someone suffers injury or death due to a doctor's negligence, they can bring a lawsuit against the medical professional. To be able to make a valid claim, the patient must prove that there are four legal elements present such as breach of duty, causation, and damages.

Malpractice is defined as an act or omission of the physician that goes against the accepted norms of medicine within the medical profession, and causes injury to the patient. It is a component of tort law, which covers civil violations but not criminal or contractual obligations.

Medical negligence is different from normal negligence in that the victim has to prove that the doctor knew, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found guilty of negligence but not malpractice because the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standards of care a qualified health professional with similar experience and qualifications would provide in similar circumstances. The breach of this duty is a critical element since it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice case damages are calculated based on your losses caused by a doctor's negligence. These could include both financial loss such as the costs of future medical treatment as well as non-economic losses like suffering and malpractice lawsuit pain.

In order to recover damages, you must show that the doctor did not fulfill the duty of care, that the physician's deviation from the norm resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made a mistake that led to an illness or other medical issue, and you needed additional treatment as a result. Other damage isn't as apparent, such as when your doctor misdiagnoses you and you aren't able to get the correct treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. You can claim punitive damages in addition to the amount you'd receive in a survival lawsuit.

In many states, there are restrictions to the amount you can get in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states have laws that limit how long you can delay before filing a lawsuit.

Time Limits

As with all lawsuits there are deadlines that must be observed or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice lawyers occurring. The deadline varies according to state.

The time frame can be complicated, so it is vital to consult with a lawyer right away. The law firm will investigate to determine if there was malpractice attorneys and if the case could be heard in the court. This process can take weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania patients are entitled to two years from the time that they discovered the negligence. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This can be an issue if the error doesn't immediately cause symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body after surgery. The patient might not discover the object until three years after the surgery. In that scenario the statute of limitation might have started to run from the date of the procedure instead of the moment the error was discovered.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. A plaintiff's expert will testify about doctors' obligations to the patient, the medical requirements for doctors with similar qualifications in the area as well as the specific ways that the defendant's actions were contrary to the standard. The expert will also explain how the deviation directly caused the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion about whether the doctor met the standards of care. It is not uncommon for experts to differ with each with respect to their opinions, but the factfinder determines who is the most reliable based on their education and experience.

It is best for the expert to be still working in the medical field because they are more knowledgeable about the current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also recommended to get an expert witness that is specialized in the area of the malpractice. A medical expert with had experience treating breast cancer for instance, can present a an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to consult for your case.