How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her duty to patients. This can be evidence from hospitals and medical documents.

Our lawyers have a wealth of experience in taking effective depositions. They may be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.

Negligence

When a patient sees a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately the standards aren't always met or even violated. The consequences of this breach could be devastating.

When someone is injured or death as a result of a physician's negligence, they can sue the medical professional. In order to have a valid claim, the injured patient must demonstrate that four legal elements exist: duty, breach of duty, causation and damages.

Malpractice is defined as an act by a doctor that is outside the norms of the medical profession and results in harm to the patient. It is an aspect of tort law that addresses civil violations that are not legal obligations or criminal offenses.

Medical negligence is different from normal negligence in that the person who is injured must prove that the doctor was aware, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be found considered negligent, but not malpractice since the doctor didn't intend to cause harm.

In an instance of medical malpractice law firm the defendant's obligation is to treat the patient in accordance with the standard of care that a competent health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.

Damages

In a malpractice lawsuit, damages are determined by 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 pain and discomfort.

To be able to claim 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 the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that resulted in an infection or other medical complications that required additional treatment in the aftermath. Other damages are less readily evident, like when your doctor has misdiagnosed you and you aren't able to receive the appropriate treatment.

If a medical professional's negligence leads to your death and you are unable to sue, you may be able to sue for the cause of death. You may be able to claim punitive damages in addition to the compensation you would receive in a survival suit.

In most states, there are limits on the amount you can recover in a legal case. These caps differ from state to state, and are typically applicable to both economic and other damages. Some states also have rules that restrict the time you have to wait to file a lawsuit.

Time Limits

Like any lawsuit there are certain deadlines to be adhered to or the case could be dismissed. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The exact time frame differs by state.

It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was malpractice and if the case could stand up in the court. This stage takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the malpractice. This is known as the discovery rule.

In other states, malpractice lawsuit the statute of limitations begins to run from the date the malpractice happened. This could be an issue if the mistake does not trigger any immediate symptoms. For instance, suppose an unintentionally negligent doctor leaves an object foreign to the body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In this case the statute of limitations could have been beginning from the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding the duty of the doctor towards the patient, the medical guidelines for doctors with similar qualifications in their area as well as the specific ways in which the defendant's conduct was different from the standard. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will employ an expert to counter the plaintiff's expert and provide their professional opinion about whether the doctor met the standard of care. The experts could disagree however the fact-finder determines which expert is the most reliable.

It is preferential for the expert to still be working in the medical field, because they will have better understanding of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts who solely rely on court testimony.

It is also recommended to work with an expert who specializes in the field of malpractice law firm. A medical expert who has expertise in treating breast cancer, for example, can make an argument convincingly as to the cause of an injury. An experienced Ocala medical malpractice attorney will know which expert witnesses to contact for your case.