How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant violated his or her duty to patients. This evidence may include medical and hospital documents.

Our attorneys have extensive experience in conducting effective depositions. They could be doctors or other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

If a patient is seen by a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. However, in a few instances these standards are not met, or even violated. The results of this breach could be devastating.

A lawsuit can be brought against a medical professional when patients are injured or dies due to the malpractice of the physician. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements in place which include breach of duty, causation and damages.

Malpractice can be defined as an act by an individual doctor that is not in line with the norms of the medical profession and results in injury to a patient. It is a component of tort law that deals with civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the person who is injured must show that the doctor was aware that their actions would cause harm in order to prove malpractice, whereas normal negligence does not. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be found negligent, but not malpractice since 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 in line with the standard of care that a reasonably knowledgeable health professional with similar experience and qualifications would offer in similar circumstances. The breach of duty is significant because it demonstrates that the negligence alleged caused the injury.

Damages

In a malpractice case, damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, like future medical bills, and non-economic losses like pain and discomfort.

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

Some of the losses can be observed immediately, malpractice for example an error by a doctor led to an infection, or other medical complications that required additional treatment. Other losses are not as apparent, such as when your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.

If a medical professional's negligence leads to your death and you are unable to sue, you may be able to sue for the cause of death. In these cases you are legally entitled to all the compensation you could have gotten in a survival case and punitive damages.

In most states, there are limits to the amount you can recover in a malpractice case. The caps differ from state to state, and are typically applicable to both economic and other damages. Some states also have rules that limit how long you can wait to make a claim.

Time Limits

Like all lawsuits, there are time limits which must be observed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The deadline varies according to state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in court. This stage can take several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is often modified. In Pennsylvania, a patient has two years from the date that they discovered the malpractice. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This could be problematic if the act doesn't immediately cause symptoms. Imagine, for instance that a doctor mistakenly left a foreign body in the patient's body after surgery. The patient might not find the object until three years after the procedure. In that case, the statute of limitations could have begun to start running from the date of the procedure, not the discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the duty of the doctor towards the patient, medical requirements for doctors with similar qualifications in their area and specialization, and the ways the defendant deviated from the standards. The expert will explain why the defendant's omission directly caused the injury to the patient.

The defendant will hire an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor was able to provide the required care. The experts could disagree but the fact-finder will decide which expert is most trustworthy.

It is better for the expert to still working in the medical field, because they'll have better knowledge of current practices. Jurors and judges often consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also advisable to hire an expert witness who has expertise in the field of fraud. For instance, malpractice a medical expert who is proficient in treating breast cancer could make a an argument more convincing regarding the reason for an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.