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 obligation to patients. This could include hospital and medical documents.

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

Negligence

When a patient visits a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not met or are even breached. The results of this breach can be devastating.

A lawsuit can be filed against a medical professional when an injured patient suffers a death due to the negligence of that doctor. To have a valid case the injured person must demonstrate four legal elements that include breach of duty, breach of 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 field, and can cause injury to the patient. It is a subset of tort law that addresses civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence differs from regular negligence in that the victim must show that the doctor was aware that their actions could cause harm in order to claim malpractice, but normal negligence doesn't. For instance, a surgeon who accidentally cut a vein or nerve during surgery could be guilty of negligence but not malpractice as the surgeon did not intend to cause harm.

In the case of medical negligence the defendant's responsibility is to provide the patient with the standard of care a competent health professional with similar experience and expertise would provide in similar circumstances. The violation of this duty is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a case of malpractice damages are determined based on the losses you have suffered due to a doctor's negligence. These can include both actual financial loss such as the cost of future medical care and non-economic losses, such as pain and suffering.

To recover damages, it is necessary to demonstrate that a doctor did not fulfill a duty or obligation, and that his lapse from the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complex 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 infection or medical condition and you required further treatment because of it. Other damages are less readily apparent, such as when your doctor misdiagnoses you and you are not able to receive the right treatment.

You can sue for 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 get in a lawsuit for survival.

In most states, there are limitations on what you can claim in a malpractice case. These limits vary from state to state and are often applicable to both financial and other damages. Certain states also have rules that limit the time it takes to file a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be followed or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The timeframe for filing a lawsuit differs by state.

The time limit can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be accepted in court. This stage can take months or even weeks.

Medical malpractice law firm cases are governed by different laws than other types of cases and typically, the statute of limitations is modified. For example, in Pennsylvania patients must submit a claim within two years of the date they realized the malpractice or the date a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This is problematic if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the body of the patient after surgery. The patient may not realize the foreign object until at least three years after the surgery. In this case the statute of limitation could have begun to begin running from the date of the procedure instead of the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. An expert witness for a plaintiff will discuss the doctor's obligation of providing medical care to the patient, the medical standards in the area and in the specialty of that type of physician with the same qualifications and experience and the ways the defendant departed from those standards. The expert will describe why the defendant's omission 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 disagree with one other, but the fact finder determines who is the most trustworthy based on their expertise and experience.

It is advisable for the expert to continue working in the medical field because they are more knowledgeable about current practices. Jurors and judges typically consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also better to have an expert who specializes in the area of malpractice. For instance an expert in medicine who is well versed in treating breast cancer could make a an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know what expert witnesses to consult.