How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a hospital or doctor you must establish that the defendant has breached their duty to patients. This evidence could include hospital and medical documents.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately these standards aren't always met, or even violated. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional if an injured patient dies as a result of the negligence of that doctor. To be able to file a valid lawsuit the patient who has been injured must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is defined as an action by the doctor that is against the accepted norms in the medical profession and malpractice lawsuit causes harm to a patient. It is a part of tort law that covers civil violations not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the person who is injured must demonstrate that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to hurt anyone.

In a lawsuit for medical malpractice, the defendant has a duty to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable knowledge and experience in similar situations would provide. The violation of this obligation is a crucial element since it proves that the negligent act caused the injury.

Damages

Damages in a malpractice case are in relation to the losses you have suffered due to negligence by a doctor. These can include both actual financial loss such as the costs of future medical treatment, and non-economic losses like suffering and pain.

To recover damages, you must prove that the doctor violated a duty of care, that the physician's deviation from the standard caused injury, and that the injury caused quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that resulted in an infection or other medical problem and you required further treatment in the aftermath. Certain damages are more difficult to spot in the event that doctors misdiagnose your condition and you don't receive the correct treatment.

You can sue wrongful death when a doctor's negligence caused your death. You may be able to claim punitive damages in addition to the compensation you would receive in a survival lawsuit.

In a majority of states, there is a limit to the amount you can get in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states also have rules that limit the time it takes to file a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be followed or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The timeframe for filing a lawsuit is determined by the state.

It is important to talk with an attorney as soon as you can. The law firm will investigate to determine if there was malpractice and whether the case will be heard in court. This phase can last for several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is changed. In Pennsylvania the statute of limitations for medical malpractice is two years from the time when they first discovered the negligence. This is known as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice occurred. This can be an issue when the mistake does not immediately trigger symptoms. Imagine, for instance, that a doctor erroneously left a foreign body inside the body of the patient following surgery. The patient might not find the object until three years after the procedure. In that situation the statute of limitations could have expire from the date the surgery, not from the discovery of the error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of providing medical care to the patient as well as the standards of medical care in the area and in the specialty of doctors with similar qualifications and expertise and the manner in which the defendant's actions were in violation of those standards. The expert will also explain how the defendant's departure directly caused the injury to the patient.

The defendant will engage 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 normal for experts to differ with each with respect to their opinions, but the fact finder decides who is the most trustworthy on their experience and education.

It is preferential for an expert to be working in the medical field because they'll have more knowledge of the current practice. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also preferable to have an expert witness that is specialized in the field of malpractice. For example a medical professional who is well versed in treating breast cancer can provide an even more convincing case for the reason for malpractice lawsuit an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will be aware of the experts to refer your case.