How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant breached his or her obligation to patients. This can be evidence from hospitals and medical records.

Our lawyers are skilled at conducting effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital, or health care professional. Unfortunately, in some instances these standards are not adhered to or even violated. The consequences of this breach can be devastating.

If someone is injured or suffers death as a result of a doctor's negligence, they could pursue a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that there are four legal elements present in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission by the physician that goes against the accepted norms of practice in the medical community and causes injury to the patient. It is a component of tort law, which addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence because the victim must prove that the physician was aware that their actions would cause harm in order to claim malpractice, but normal negligence is not required. For instance an surgeon who accidentally cuts a vein or nerve during surgery would be guilty of negligence but not malpractice since the doctor did not intend to cause harm.

In a medical malpractice case the defendant is bound by the obligation of treating the patient according to the standard of care a reasonably competent healthcare professional with comparable experience and training in similar circumstances could provide. The breach of this duty is a critical aspect because it proves that the negligent act caused the injury.

Damages

In a case of malpractice, damages are calculated based on your losses caused by a doctor's negligence. This could include financial losses, such as future medical costs, as well as non-economic damages like pain and discomfort.

In order to recover damages, you must prove that the doctor breached a duty of care, that the doctor's deviation from the standard of care caused injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be seen quickly, for example, if a doctor's mistake led to an infection, or other medical issue which required additional treatment. Other damages aren't as evident, like when your doctor has misdiagnosed you and you are not able to receive the appropriate treatment.

If your doctor's malpractice results in your death and you are unable to sue, you may be able to sue for the cause of death. In these claims you're legally entitled to all the compensation you could have gotten in a survival case in addition to punitive damages.

In the majority of states, there are limits on the amount you can recover in a legal case. The caps differ from state to state and are generally applicable to both economic and other damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like any lawsuit there are deadlines to be adhered to or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice attorney that occurred. The timeframe for filing a malpractice lawsuit is determined by the state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there were any mistakes and whether the case will be heard in court. This phase can last for weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitations is extended. In Pennsylvania patients are entitled to two years from the time that they discovered the malpractice. This is referred to as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice happened. This is a problem if the medical error doesn't cause immediate symptoms. For instance, suppose the doctor is negligently leaving a foreign object in the body following surgery. The patient may not realize the foreign object until at least three years after surgery. In that situation, the statute of limitations could have begin running from the date of the surgery, not from the discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to present the facts of the case. The expert of the plaintiff will testify about the doctor's duty to the patient, the medical standards for physicians with similar qualifications in the same area as well as the specific ways in which the defendant's conduct was different from those standards. The expert will explain how the departure directly contributed to the injury of the patient.

The defendant will hire an expert to counter the plaintiff's expert and offer their professional opinion about whether the doctor met the standard of care. It is not uncommon for experts to differ with each however 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 field since they are more informed about current practice. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also better to work with an expert who specializes in the field of malpractice. A medical professional with experience treating breast cancer, for instance, can provide a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know which experts to talk to.