How to File a Medical Malpractice Lawsuit

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

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors or other medical professionals who are working in private practice or are employed 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. However, in a few instances these standards are not met, or even breached. The consequences of this breach can be devastating.

If someone suffers injury or death as a result of a physician's malpractice, they may sue the medical professional. In order to file a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is described as an act performed by a doctor that is outside the accepted norms of the medical profession and causes injury to the patient. It is a section of tort law, which addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence is distinct from normal negligence in that the party who suffers has to demonstrate that the doctor was aware, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery would be in the wrong of negligence, but not malpractice since the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant has a legal obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with the same experience and education in similar circumstances could provide. The breach of duty is crucial because it proves that the alleged negligent conduct caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses as a result a doctor's negligence. This could include financial losses, such as future medical bills, and non-economic losses like pain and discomfort.

In order to obtain damages, it is necessary to establish that a doctor acted in violation of the duty of care and that his violation of the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses can be spotted quickly, for example, if a doctor's mistake resulted in an infection or malpractice lawsuit other medical issues that require additional treatment. Some damages are more difficult to spot, such as when a doctor misdiagnoses your condition and you don't receive the right treatment.

If a medical professional's negligence results in your death, you can sue for the wrongful death. In these cases, you are entitled to the same amount you would have received in a lawsuit for survival as well as punitive damages.

In many states, there are limits on the amount you can recover in a legal case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict the length of time you have to wait to start a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be adhered to, or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time frame can be complicated and it is important to consult a lawyer right away. The law firm will conduct an investigation to determine if any malpractice lawsuits occurred and if it will be found to be valid in court. This process can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is frequently altered. In Pennsylvania, a patient has two years from the date that they discovered the error. This is referred to as the discovery rule.

In other states, the statute of limitations begins at the time the malpractice occurred. This could be an issue if the error does not cause immediate symptoms. As an example, suppose a doctor negligently leaves an object that is foreign in the body following surgery. The patient might not find the foreign object until three or more years after surgery. In this instance, the statutes of limitations could have started at the time of the surgery, not the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the region and specialization for the type of doctor with similar qualifications and expertise and the manner in which the defendant deviated from those standards. The expert will explain why the defendant's omission directly caused the injury to the patient.

The defendant will contract a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor was in compliance with the guidelines of care. It is common for experts to disagree with each and yet the factfinder determines who is the most trustworthy on their experience and education.

It is best that the expert continue to working in the medical field, since they'll have a more knowledge of the current practice. Jurors and judges typically consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also beneficial to use an expert witness who has expertise in the area of the malpractice. For instance an expert in medical practice who is experienced in dealing with breast cancer can present a an argument that is more convincing about the reason for an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will know which experts to contact for your case.