How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant violated his or her obligation to patients. This could include hospital and medical documents.

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

Negligence

When a patient goes to a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not met, or even violated. This breach could have devastating consequences.

A lawsuit can be filed against a medical professional if a patient is injured or dies as a result of the negligence of the doctor. To prove a case the injured person must establish four legal elements: duty, breach, damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of medicine within the medical profession, and can cause injury to the patient. It is a subset of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the party who suffers must demonstrate that the doctor was aware, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance the surgeon who cuts a vein or nerve during surgery is negligent, but not malpractice since the doctor was not aiming to cause harm.

In a case of medical malpractice lawyers the defendant is under the obligation of treating the patient according to the standard of care a reasonably competent healthcare professional with comparable knowledge and experience in similar situations would provide. The breach of duty is crucial because it demonstrates that the alleged negligent conduct caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses as a result a doctor's negligence. This could include financial losses, like future medical bills, and non-economic losses like pain and discomfort.

To recover damages, you have to prove that the doctor breached a duty of care, that the physician's deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that caused an illness or other medical issue and you needed to seek additional treatment as a result. Some damages are more difficult to spot for instance, when a doctor misdiagnoses your condition and you cannot get the proper treatment.

If a doctor's error causes your death then you can sue for the wrongful death. In these claims you are entitled to the same amount you could have gotten in a survival lawsuit as well as punitive damages.

In many states, there are limitations on the amount you can recover in a malpractice case. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit the time it takes to make a claim.

Time Limits

Like any lawsuit, there are specific time limits that must be followed or the case may be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake was committed and if it could be accepted in court. This process takes weeks or months.

Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitations is changed. For instance in Pennsylvania patients must file a claim within 2 years from the day they discovered the malpractice or the date a reasonable person would have recognized that the harm existed. 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 if the medical error doesn't cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body in the body of a patient following surgery. The patient may not realize the object until three years after the surgery. In this scenario the statute of limitations could have started at the time of surgery rather than the moment of discovery.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, medical standards for doctors with similar qualifications in the field and specialization, and the ways in which the defendant departed from the standards. The expert will describe the way in which the defendant's actions directly impacted the victim's injury.

The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor met the standard of care. It is common for the experts to differ with each with respect to their opinions, but the factfinder determines who is the most reliable based on their experience and education.

It is best for the expert to be working in the medical field, because they'll have greater understanding of current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose only source of income is the testifying in court.

It is also advisable to choose an expert with expertise in the field of malpractice. For example, a medical expert who is well versed in treating breast cancer can provide a more convincing argument about the cause of an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala knows which experts to ask.