How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice, or staff members at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health professional. Unfortunately, in some cases these standards are not met, or even breached. This breach could have devastating consequences.

A lawsuit can be brought against a medical professional when patients are injured or suffers a death due to the negligence of that doctor. To have a valid claim, the injured patient must demonstrate that four legal elements exist in the case: breach of duty, causation, and damages.

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

Medical negligence differs from normal negligence in that the party who suffers has to demonstrate that the doctor knew, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to harm anyone.

In a lawsuit for medical malpractice the defendant has a duty to treat the patient according to the standard of care that a reasonably prudent healthcare professional with similar experience and education in similar circumstances would provide. The breach of duty is crucial because it proves that the alleged negligent conduct caused the injury.

Damages

In a malpractice case, damages are calculated based upon your losses due to a doctor's negligence. This could include financial losses, including future medical expenses, as well as non-economic damages, such as pain and discomfort.

To claim damages, you must prove that the doctor breached the duty of care, that the doctor's deviation from the standard of care resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or other medical problem, and you needed additional treatment in the aftermath. Other damage isn't as apparent, such as when your doctor has misdiagnosed you and you aren't able to get the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these claims, you are entitled to everything you could have gotten in a survival case, plus punitive damages.

In most states, there are limitations on what you can receive when you file a claim for malpractice. These caps vary by state, and often apply to both economic and non-economic damages. Certain states also have rules that limit the time it takes to start a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be observed or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The timeframe for filing a lawsuit is different for each state.

The time period can be complex, and it is crucial to consult an attorney right away. The law firm will conduct an investigation to determine if there was malpractice and if the case can be heard in court. This process can take several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitation is modified. For example, in Pennsylvania patients must file a claim within 2 years from the date they were aware of the malpractice, or when a reasonable person could have realized that the injury existed. This is known as the discovery rule.

In other states the statute of limitations starts to run from the date the malpractice law firms occurred. This is an issue if the error doesn't cause immediate symptoms. For example, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In that scenario the statute of limitations might have started to run from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to explain the facts of the case. The expert of the plaintiff will testify about doctors' obligations to the patient, the medical guidelines for doctors who have similar qualifications in the area and specialization, and the ways in which the defendant departed from the standard. The expert will then explain how the deviation directly contributed to the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for experts to disagree with one with respect to their opinions, but the factfinder determines who is most credible based on their experience and education.

It is best for the expert to still be working in the medical field, because they will have better knowledge of current practices. Jurors and judges typically believe that practicing professionals are more credible than experts whose sole source of income is the testifying in court.

It is also recommended to hire an expert witness who specializes in the field of malpractice. For example a medical professional who is experienced in treating breast cancer can make an even more convincing case for the reason for a plaintiff's injury. A medical malpractice attorney in Ocala will know which experts to ask.