How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor must prove that the defendant violated his or her obligation to patients. This can be evidence from hospitals and medical records.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional, they are entitled to certain standards of medical treatment. Unfortunately, these standards are not always met or firm even violated. This breach can have devastating results.

When someone is injured or death as a result of a doctor's negligence, they can pursue a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must establish four legal aspects that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as an act or omission committed by the physician that goes against the accepted norms of medical practice in the medical community, and results in injury to the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual obligations.

Medical negligence is different from regular negligence in that the person who is injured must prove that the physician knew or should have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. For instance the surgeon who nicks a nerve or vein during surgery is negligent, but not malpractice attorney because the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice the defendant is under the obligation of treating the patient according to the standard of care a reasonably prudent healthcare professional with comparable experience and education in similar circumstances would provide. The breach of duty is significant because it shows that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you suffered due to the negligence of a doctor. This can include both financial losses, such as future medical expenses, as well as non-economic damages like discomfort and pain.

To recover damages, you must prove that the doctor breached the duty of care, that the doctor's deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified in a matter of minutes, for instance the case where a doctor's error led to an infection, or other medical complications that require additional treatment. Other damage isn't as evident, for instance, if your doctor is unable to diagnose you correctly, and you're unable to receive the proper treatment.

If the negligence of your doctor results in your death and you are unable to sue, you may be able to sue for wrongful death. In these cases you are entitled to all the benefits you would have received in a survival case as well as punitive damages.

In the majority of states, there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to make a claim.

Time Limits

Like all lawsuits, there are time limits which must be observed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The time limit differs by state.

The time limit is complex, and it is crucial to consult a lawyer right away. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could be found to be valid in court. This process takes weeks or months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is extended. In Pennsylvania, a patient has two years from the date that they were aware of the malpractice. This is known as the discovery rule.

In some states the statutes of limitations begin to run from the date on which the malpractice occurred. This could be an issue if the medical mistake does not trigger any immediate symptoms. For instance, suppose an unintentionally negligent doctor leaves a foreign object in the body after surgery. The patient may not realize the foreign object until at least three years after surgery. In this case the statute of limitations may have started at the time of the surgery, not the moment of identifying the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify about the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field and specialization, and the ways that the defendant's actions were contrary to the standard. The expert will then explain how the deviation directly led to the injury suffered by the patient.

The defendant will hire an expert to challenge the plaintiff’s expert, and then provide their professional opinion on whether the doctor's actions met the guidelines of care. It is normal for experts to differ with each other, but the factfinder determines who is most credible based on their expertise and experience.

It is recommended for the expert to be still working in the medical field as they are more informed about current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely only on the testimony of a court.

It is also beneficial to hire an expert who has specialized in the area of malpractice. For example a medical professional who is knowledgeable about treating breast cancer could make a a more convincing argument about the reason for a plaintiff's injury. A medical malpractice lawyer in Ocala knows which experts to speak with.