How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This evidence can include hospital and medical documents.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately they aren't always met or even complied with. This breach can have devastating consequences.

When someone suffers injury or death due to a doctor's negligence, they could pursue a lawsuit against the medical professional. To prove a case, the person who was injured must establish four legal aspects which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of practice in the medical community, and inflicts harm on the patient. It is a component of tort law, which is concerned with civil wrongs not criminal offenses or contractual obligations.

Medical negligence is distinct from normal negligence in that the injured party has to prove that the doctor was aware, or should have known that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For malpractice example, a surgeon who accidentally cut a vein or nerve during surgery would be guilty of negligence but not malpractice because the doctor was not aiming to cause harm.

In a medical malpractice case the defendant is bound by a legal obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable experience and education in similar circumstances could provide. The breach of this duty is an essential aspect because it proves that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice law firms are based on the losses you suffered as a result of the negligence of a doctor. These can include both actual financial loss, such as the cost of future medical care as well as non-economic losses like suffering and pain.

In order to obtain damages, it is essential to demonstrate that a doctor did not fulfill the duty of care and that his deviance from the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that resulted in an illness or other medical issue and you needed to seek additional treatment in the aftermath. Other losses are not as apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to receive the right treatment.

If the negligence of your doctor results in your death, you can sue for wrongful death. In these claims, you are entitled to everything you would have received in a lawsuit for survival as well as punitive damages.

In the majority of states, there are limitations on what you can receive when you file a claim for malpractice. These caps vary by state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to bring a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The exact time frame is different for each state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be found to be valid in court. This phase can last for months or even weeks.

Medical malpractice law firm cases are governed by different laws and the statute of limitation is usually modified. In Pennsylvania patients are entitled to two years from the date that they discovered the negligence. This is referred to as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is an issue if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient might not find the object until three years after the surgery. In that scenario the statute of limitations could have begun to start running from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify on doctors' obligations to the patient, medical standards for physicians who have similar qualifications in their area as well as the specific ways the defendant deviated from those standards. The expert will describe how the defendant's departure directly impacted the victim's injury.

The defendant will hire a professional to counter the plaintiff’s expert, and offer their professional opinion about whether the doctor met the standards of care. The experts may disagree, but the fact-finder decides which expert is most credible.

It is preferential for the expert to still working in the medical field, as they will have a better understanding of current practices. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also recommended to have an expert who specializes in the field of malpractice. For instance, a medical expert who is well versed in treating breast cancer could make a an argument that is more convincing about the reason for an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to call for malpractice your case.