How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor malpractice lawsuit requires evidence that the defendant breached his or her duty to patients. This evidence could be a medical and hospital documents.

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

Negligence

When a patient goes to a doctor or hospital professional, they are entitled to certain standards of medical care. However, in a few instances these standards are not met, or even violated. This can lead to devastating consequences.

A lawsuit can be filed against a medical professional if a patient is injured or dies because of the negligence of that doctor. In order to have a valid claim, the injured patient must prove that four legal elements exist which include breach of duty, causation, and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms in the medical profession and causes harm to a patient. It is an aspect of tort law which covers civil wrongs that are not legal obligations or criminal offenses.

Medical negligence is distinct from normal negligence in that the victim has to prove 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 is not a requirement. For example, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In a lawsuit for medical malpractice the defendant is bound by a duty to treat the patient according to the standard of care a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would offer. The violation of this obligation is a crucial element since it proves that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered due to a doctor's negligence. These could include both financial losses, such as the cost of future medical care as well as non-economic losses like suffering and pain.

To be able to claim damages, you must prove that the doctor did not fulfill a duty of care, that the physician's deviation from that standard caused injury, and this injury resulted in quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical problem that required additional treatment as a result. Other damages are less readily evident, like when your doctor is unable to diagnose you correctly, and you are not able to get the correct treatment.

You can sue wrongful death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the money you would receive in a case of survival.

In many states, there are limitations on what you can claim in a malpractice case. These limits vary from state to state, and often apply to both economic and non-economic damages. Some states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be followed or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice law firms that occurred. The deadline for filing a malpractice lawsuit varies from state to state.

It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice occurred and whether it will be found to be valid in the court. This stage takes weeks or months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the malpractice. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date that the malpractice occurred. This could be problematic if the medical mistake does not trigger any immediate symptoms. For example, suppose a doctor negligently leaves a foreign object inside the body following surgery. The patient may not realize the object until three years after the surgery. In this scenario the statute of limitations may have started at the time of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on experts to explain the facts of the case. A plaintiff's expert will testify regarding the duty of the doctor towards the patient, medical requirements for doctors who have similar qualifications in their area and specialization, and the ways in which the defendant's conduct was different from the standard. The expert will then explain how the departure directly led to the injury of the patient.

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. It is common for experts to disagree with each and yet the fact finder determines who is most credible based on their expertise and experience.

It is recommended for the expert to be working in the medical profession since they are more informed about current practice. Judges and jurors often believe that practicing professionals are more credible than experts whose only source of income is testifying in court.

It is also beneficial to get an expert witness that is specialized in the area of the fraud. A medical expert who has prior experience treating breast cancer for instance, can provide an argument that is convincing as to the cause of an injury. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.