How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her obligation to patients. This evidence may include medical and hospital documents.

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

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical care. In some instances, these standards are not being met or even breached. This can cause devastating consequences.

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

Malpractice is defined as an act or omission by a physician that deviates from the accepted norms of practice within the medical profession, and results in injury to the patient. It is a part of tort law that deals with civil wrongs and not criminal offences or contractual obligations.

Medical negligence is distinct from normal negligence in that the party who suffers must demonstrate that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For example, a surgeon who accidentally nicks a nerve or vein during surgery could be found negligent, but not malpractice as the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient according with the standard of care a competent health professional with similar experience and education could provide in similar situations. The breach of this duty is a crucial element because it demonstrates that the negligent act caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses caused by a doctor's negligence. These could include both financial losses, such as the costs of future medical treatment and non-economic losses, like suffering and pain.

To be able to claim damages, it is essential to show that a doctor has violated the duty of care and that his deviance from the standard of care resulted in injury, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance, if a doctor's mistake led to an infection, or any other medical condition that required further treatment. Some damage is more difficult to detect like when doctors misdiagnose your condition and you don't receive the right treatment.

If a medical professional's negligence causes you to die, you can sue for wrongful death. You may seek punitive damages in addition to the amount you would receive in a case of survival.

In a majority of states, there are limits on what you can receive in a malpractice case. These limits vary from state to state and are usually applicable to both economic and other damages. Certain states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be adhered to 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 deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there were any mistakes and if the case can stand up in court. This stage takes weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and often the statute of limitation is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the negligence. This is called the discovery rule.

In certain states, the statutes of limitations begin to expire on the date that the malpractice occurred. This is a problem when the malpractice does not immediately cause symptoms. For instance, suppose doctors mistakenly leave a foreign object inside the body after surgery. The patient might not discover the object until three years after the surgery. In this situation, the statutes of limitations could have been running from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of taking care of the patient, the medical standards in the area and in the specialty of this type of doctor with similar qualifications and skills and the ways the defendant's actions were in violation of those standards. The expert will also explain how the defendant's departure directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and then provide their professional opinion regarding whether the doctor's actions met the guidelines of care. It is not uncommon for experts to disagree with one other, but the factfinder determines who is most credible based on their experience and education.

It is more beneficial for the expert to still working in the medical field since they'll have a better knowledge of current practices. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also advisable to work with an expert who specializes in the area of malpractice. A medical professional who has prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A medical malpractice lawsuits attorney in Ocala will know which experts to speak with.