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 evidence may include hospital and medical records.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors or other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

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

A lawsuit can be brought against a medical professional when the patient is injured or dies as a result of the negligence of the physician. To have a valid claim, the patient must demonstrate that four legal elements exist which include breach of duty, causation and damages.

Malpractice is defined as an act committed by doctors that goes against the accepted norms within the medical profession and results in injury to the patient. It is a component of tort law, which is concerned with civil wrongs but not criminal or contractual duties.

Medical negligence differs from regular negligence in that the party who suffers has to prove that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn't. For instance the surgeon who nicks a nerve or vein during surgery would be in the wrong of negligence, but not malpractice because the doctor didn't intend to cause harm.

In a medical malpractice case the defendant's responsibility is to treat the patient according with the standards of care that a prudent health care professional of similar experience and qualifications could provide in similar situations. The breach of duty is significant because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses 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 like suffering and pain.

To recover damages, you need to demonstrate that a doctor did not fulfill the law, that his deviation from the standard of care caused injuries, and the damage resulted in measurable financial costs. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment because of it. Other damages aren't as evident, like when your doctor has misdiagnosed you and you are not able to receive the right treatment.

If a medical professional's negligence leads to your death or death, you can file a lawsuit for the cause of death. You may be able to claim punitive damages in addition the compensation you'd get in a lawsuit for survival.

In the majority of states, there is a limit on what you can receive in a lawsuit for malpractice. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case could be thrown out. A malpractice lawsuit should generally be filed between two and six years after the act occurred. The timeframe for filing a malpractice lawsuit is different for each 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 was a malpractice occurred and if it will be accepted in the court. This stage can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. In Pennsylvania, a patient has two years from the time that they realized the negligence. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This can be an issue if the error does not immediately cause symptoms. As an example, suppose the doctor is negligently leaving a foreign object in the body after surgery. The patient may not realize the object until three years after the surgery. In that situation, the statute of limitations could have begun to start running from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the facts of the case. A plaintiff's expert will testify about the doctor's duty to the patient, medical guidelines for doctors who have similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to those standards. The expert will describe how the defendant's departure directly caused the injury to the patient.

The defendant will engage a professional to counter the plaintiff's expert and give their professional opinion on whether the doctor was in compliance with the guidelines of care. Experts could differ however the fact-finder determines which expert is the most credible.

It is more beneficial for the expert to still working in the medical field, as they will have a more knowledge of the current practice. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is a testimony in court.

It is also recommended to hire an expert witness who has expertise in the area of the legal malpractice law firms. For instance an expert in medicine who is knowledgeable about treating breast cancer can provide an even more convincing case for the reason for a plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will be aware of the experts to consult for your case.