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How to File a Medical Malpractice Lawsuit

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

Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

If a patient is seen by a doctor or hospital professional, they are entitled to certain standards of medical treatment. However, in a few instances these standards are not met or are even breached. This breach can have devastating results.

A lawsuit may be brought against a medical professional when the patient is injured or suffers a death due to the negligence of that doctor. To be able to make a valid claim, the patient must prove that four legal elements are present in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of medical practice in the medical field, and can cause injury to the patient. It is an aspect of tort law that deals with civil wrongs that are not legally binding or criminal in nature.

Medical negligence is distinct from regular negligence in that the person who is injured must show that the doctor was aware that their actions could cause harm to assert malpractice, however normal negligence is not required. For example the surgeon who cut a vein or nerve during surgery is guilty of negligence but not malpractice because the doctor did not intend to cause harm.

In a lawsuit for medical malpractice attorney, the defendant has a duty to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with the same expertise and training in similar circumstances could provide. The breach of this duty is a critical aspect because it proves that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are based on the losses you have suffered as a result of a doctor's negligence. This could include financial losses, including future medical costs, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you have to prove that the doctor breached a duty of care, that the doctor's deviation from that standard caused injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that caused an infection or other medical problem and you required further treatment because of it. Certain damages are more difficult to spot for instance, when the doctor is unable to diagnose your condition and you do not receive the proper treatment.

If a doctor's error leads to your death then you can sue for the cause of death. In these claims, you are entitled to the same amount you would have received in a survival action and punitive damages.

In most states, there is a limit to the amount you can get in a lawsuit for malpractice law firms. The caps differ from state to state and are often applicable to both financial and other damages. Some states have laws that limit the time you have to wait before filing an action.

Time Limits

As with all lawsuits, there are specific time limits which must be adhered to or the case may be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The timeframe for filing a lawsuit varies by state.

The time frame can be complex, and it is crucial to consult a lawyer right away. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be accepted in court. This phase can last for weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is often altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they realized the error. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date the medical error occurred. This is a problem when the malpractice does not immediately trigger symptoms. Consider, for instance, that a doctor has negligently left a foreign object in the body of the patient following surgery. The patient might not be aware of the foreign object until at least three years after surgery. In that situation, the statute of limitations could have begun to start running from the date of the surgery instead of the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. Expert witnesses for plaintiffs will testify about the doctor's duty of taking care of the patient as well as the standards of medical care in the area and the specialization for this type of doctor with the same qualifications and experience and the ways that the defendant violated the standards. The expert will then explain how the departure directly contributed to the injury of the patient.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor was able to provide the required care. It is common for the experts to differ with each other, but the fact finder determines who is most credible based on their experience and education.

It is preferential for an expert to be working in the medical field because they'll have better understanding of current practices. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is a testimony in court.

It is also advisable to get an expert witness that is specialized in the field of negligence. A medical expert who has prior experience treating breast cancer for instance, can present a an argument convincingly as to the reason for an injury. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to contact for your case.