How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant has violated his or her duty to patients. This evidence can include hospital and medical documents.

Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors or other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical care. However, in a few instances these standards are not adhered to or even breached. The consequences of this breach could be devastating.

A lawsuit may be filed against a medical professional if patients are injured or dies as a result of the negligence of that doctor. To prove a case the patient who has been injured must establish four legal elements including breach of duty and causation and damages.

Malpractice can be defined as an action by doctors that goes against the norms of the medical profession and results in harm to patients. It is an aspect of tort law, which deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm in order to be able to claim malpractice lawsuits, however normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the surgeon didn't intend to cause harm to anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in accordance with the standard of care that a competent health professional with similar experience and qualifications would provide in similar circumstances. The violation of this duty is a critical aspect because it proves that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are in relation to the losses you sustained due to the negligence of a doctor. This can include both financial loss such as the costs of future medical treatment as well as non-economic losses such as 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 resulted in injury, and that this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be identified quickly, for example the case where a doctor's error caused an infection or other medical complications that required further treatment. Other losses are not as evident, like when your doctor has misdiagnosed you and you are not able to receive the appropriate treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. In these cases you are entitled to everything you could have gotten in a survival case in addition to punitive damages.

In a majority of states, there are restrictions on what you can claim when you file a claim for malpractice. These caps vary from state to state and are often applicable to both economic and other damages. Certain states also have rules that restrict the length of time you have to wait to make a claim.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to or Malpractice Lawsuit the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The specific time limit differs by state.

The time limit is complex and it is essential to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was a malpractice 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 limitation 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 known as the discovery rule.

In certain states the statutes of limitations start to run on the date when the malpractice occurred. This could be problematic if the act doesn't immediately cause symptoms. For instance, suppose a doctor negligently leaves an object that is foreign in the body after surgery. The patient might not discover the object until three years after the procedure. In that scenario the statute of limitation could have expire from the date the surgery instead of the discovery of the error.

Expert Witnesses

Many medical malpractice law firm cases depend on experts to present the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of taking care of the patient and the medical standards for the area and the specialization for that type of physician who has similar qualifications and abilities and the ways in which the defendant's actions were in violation of those standards. The expert will also explain how the defendant's departure directly impacted the patient's injuries.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor was in compliance with the standards of care. It is common for experts to disagree with one and yet the fact finder determines who is the most reliable based on their knowledge and experience.

It is preferential for an expert to be working in the medical field, as they will have a more knowledge of the current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also beneficial to have an expert witness who is skilled in the field of fraud. For instance an expert in medicine who is knowledgeable about treating breast cancer could make a a more convincing argument about the cause of a plaintiff's injury. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.