How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital requires proof that the defendant acted in breach of his or her obligation to patients. This evidence could include medical and hospital records.

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

Negligence

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

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

Malpractice is defined as an act or omission by the physician that goes against the norms of practice accepted in the medical field, and can cause injury to the patient. It is a subset of tort law that deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must show that the doctor knew or should have known that their actions could cause harm to be able to claim malpractice, however normal negligence is not required. For example an surgeon who accidentally cut a vein or nerve during surgery could be found negligent, but not malpractice since the surgeon did not intend to cause harm.

In a medical malpractice lawsuit the defendant has a duty to treat the patient according to the standard of care a reasonably prudent healthcare professional with comparable expertise and training in similar situations would provide. The breach of duty is crucial since it establishes that the alleged negligent conduct caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered due to a physician's negligence. This can include both financial loss, such as the costs of future medical treatment and non-economic losses, like pain and suffering.

To recover damages, you have to prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the standard resulted in injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that resulted in an illness or other medical issue and you needed to seek additional treatment as a result. Other damages aren't as evident, like when your doctor has misdiagnosed you and you are unable to receive the right treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You may be able to claim punitive damages in addition to the amount you would get in a lawsuit for survival.

In the majority of states, there are limits to the amount you can get in a malpractice law firm claim. The caps differ from state to state, and are typically applicable to both economic and other damages. Some states have laws that limit the time you have to wait before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be followed or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The timeframe for filing a lawsuit is determined by the state.

The time limit can be complex, and it is crucial to speak with a lawyer right away. The law firm will conduct an investigation to determine if there was a mistake and if the case will be heard in the court. This phase can last for up to a few weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. In Pennsylvania, a patient has two years from the time that they were aware of the error. This is called the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This can be an issue if the mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor erroneously left a foreign body in the body of the patient following surgery. The patient might not discover the object until three years after the procedure. In that situation the statute of limitation could have expire from the date the procedure instead of the moment 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 provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards for the region and specialty for this type of doctor with similar qualifications and expertise and the ways in which the defendant's actions were in violation of those standards. The expert will then explain how the deviation directly caused the injury suffered by the patient.

The defendant will hire an expert to counter the plaintiff's expert and provide their professional opinion on whether the doctor met the standard of care. It is normal for experts to disagree with each other, but the factfinder decides who is most credible based on their experience and education.

It is recommended for the expert to remain working in the medical field as they are more informed about current practice. Jurors and judges typically find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also better to work with an expert with expertise in the area of malpractice. For instance an expert in medicine who is experienced in treating breast cancer can provide an argument more convincing regarding the cause of the plaintiff's injury. An experienced Ocala medical malpractice lawyer will know which experts to consult for your case.