How to File a Medical Malpractice Lawsuit

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

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

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately these standards aren't always met, or even violated. This breach can have devastating consequences.

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 in the case: breach of duty, causation, and damages.

Malpractice is defined as an act by the doctor that is against the accepted norms within the medical profession and results in harm to patients. It is a section of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from normal negligence in that the victim has to prove that the doctor was aware, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. For example the surgeon who cuts a vein or nerve during surgery would be negligent, but not malpractice since the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant is bound by a duty to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with the same expertise and training in similar circumstances would offer. The breach of duty is important because it demonstrates that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are dependent on the losses you sustained as a result of a doctor's negligence. This can include both financial losses, such as future medical bills, and non-economic damages, such as discomfort and pain.

To recover damages, you must show that the doctor breached a duty of care, that the doctor's deviation from the standard of care resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis, which usually requires expert witness testimony.

Some of these losses can be spotted quickly, for example the case where a doctor's error caused an infection or other medical complications which required additional treatment. Some damages are more difficult to identify for instance, when the doctor is unable to diagnose your condition and you don't receive the correct treatment.

If your doctor's malpractice causes your death or death, you can file a lawsuit for the wrongful death. In these claims you are entitled to all the benefits you would have gotten in a survival action as well as punitive damages.

In most states, there are restrictions on what you can receive in a malpractice claim. These limits vary from state to state, and are typically applicable to both financial and other damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be observed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit is determined by the state.

The time limit can be complicated and it is important to consult a lawyer immediately. The law firm will conduct an investigation to determine if malpractice was committed and if it could be found to be valid in the court. This stage takes weeks or months.

Medical malpractice cases are governed by different laws and the statute of limitations is frequently altered. In Pennsylvania the patient is entitled to two years from the time that they discovered the malpractice law firms. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This is an issue if the medical malpractice does not cause any immediate symptoms. For instance, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the procedure. In this scenario the statute of limitations could have been at the time of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of providing medical care to the patient and the medical standards for the region and specialty for the type of doctor who has similar qualifications and abilities and the ways that the defendant deviated from those standards. The expert will explain how the deviation directly caused the injury suffered by the patient.

The defendant will hire an expert to counter 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 decides who is the most trustworthy on their expertise and experience.

It is best for the expert to be still working in the medical field since they are more knowledgeable about current practice. Judges and jurors are likely to consider professionals who are practicing more credible than those who rely exclusively on court testimony.

It is also recommended to hire an expert witness who has expertise in the area of the malpractice. A medical professional with had experience treating breast cancer for instance, can present a an argument that is convincing regarding the reason for an injury. A medical malpractice law firm attorney in Ocala will know the best experts to talk to.