How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant acted in breach of his or her obligation to patients. This can be evidence from hospitals and medical documents.

Our lawyers have a wealth of experience in taking depositions that are effective. They could be doctors, other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical treatment. In some instances, these standards are not adhered to or even violated. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional if a patient is injured or suffers a death due to the negligence of that doctor. In order to file a valid claim, the patient must demonstrate that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is defined as an action by a doctor that is outside the norms of the medical community and causes harm to a patient. It is a subset of tort law that addresses civil violations that are not legally binding or criminal in nature.

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 likely to cause harm before they are able to claim malpractice. Normal negligence does not. For instance the surgeon who cuts a vein or nerve during surgery could be negligent, but not malpractice as the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a competent health professional with similar experience and expertise would provide in similar circumstances. The breach of duty is important because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses as a result a doctor's negligence. They can be a combination of financial loss, such as the cost of future medical expenses and non-economic losses, malpractice lawsuit like pain and suffering.

To claim damages, you must prove that the doctor did not fulfill the 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 complicated legal analysis that typically requires expert witness testimony.

Some of the losses can be observed quickly, for example the case where a doctor's error resulted in an infection or other medical complications that required additional treatment. Some damage is more difficult to spot in the event that a doctor misdiagnoses your condition and you do not receive the correct treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. In these cases you're entitled to all the benefits you would have received in a survival case and punitive damages.

In many states, there is a limit on what you can receive in a malpractice claim. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states also have rules that limit how long you can wait to make a claim.

Time Limits

As with any lawsuit there are deadlines that must be observed or the case may be barred. A malpractice lawsuit should generally be filed between two and six years following the time when the mishap occurred. The timeframe for filing a malpractice lawsuit is determined by the state.

The time frame can be complicated, so it is vital to speak with a lawyer immediately. The law firm will investigate to determine if there was any malpractice and if the case can be heard in the court. This stage takes several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and the statute of limitations is altered. For example in Pennsylvania patients must make a claim within two years from the day they discovered the malpractice or the date a reasonable person should have realized the injury existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This can be an issue if the medical error doesn't cause immediate symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient might not find the foreign object until at least three years after surgery. In that case the statute of limitation might have started to start running from the date of the procedure instead of the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of taking care of the patient and the medical standards applicable to the area and the specialization for doctors with similar qualifications and expertise and malpractice lawsuit the ways that the defendant's actions were in violation of those standards. The expert will then describe how the departure directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and provide their professional opinion on whether or not the doctor met the standard of care. Experts may differ, but the fact-finder decides which expert is the most trustworthy.

It is advisable for the expert to be working in the medical field because they are more knowledgeable about current practice. Jurors and judges typically find practicing professionals more credible than those who rely exclusively on court testimony.

It is also recommended to have an expert who is specialized in the field of malpractice. For example an expert in medical practice who is knowledgeable about dealing with breast cancer can present a an argument more convincing regarding the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know the best experts to talk to.