How to File a Medical Malpractice Lawsuit

A medical malpractice attorneys lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her duty to patients. This evidence could include medical and hospital records.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. In some instances, these standards are not being met or even violated. This can cause devastating consequences.

If someone suffers injury or death as a result of a doctor's malpractice, they may bring a lawsuit against the medical professional. To be able to make a valid claim, the patient must prove that there are four legal elements in place which include breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the accepted norms of medicine in the medical community, and causes injury to the patient. It is a section of tort law that is concerned with civil wrongs and not criminal offences or contractual obligations.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor was aware that their actions could cause harm in order to assert malpractice, however normal negligence is not required. For instance an surgeon who accidentally cuts a vein or nerve during surgery is guilty of negligence but not malpractice because the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant is bound by the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar situations would provide. The violation of this duty is a critical aspect since it shows that the negligent act caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses as a result a doctor's negligence. These could include both financial loss, such as the cost of future medical care as well as non-economic losses like suffering and pain.

To be able to claim damages, you must prove that the doctor breached the duty of care, that the physician's deviation from the standard of care caused injury, and that this injury had quantifiable monetary consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses can be seen immediately, for instance the case where a doctor's error resulted in an infection or other medical issues that required additional treatment. Some damage is more difficult to detect like when doctors misdiagnose your condition and you are unable to receive the proper treatment.

If a doctor's error causes your death then you can sue for the wrongful death. You can claim punitive damages in addition the compensation you would receive in a survival lawsuit.

In the majority of states, there are restrictions on what you can receive when you file a claim for malpractice. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit the length of time you can wait before filing an action.

Time Limits

As with 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.

The time period can be complex, and it is crucial to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in the court. This process can take up to a few weeks or even months.

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

In certain states, the statutes of limitations begin to run on the date on which the malpractice occurred. This can be an issue if the error does not cause immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have started at the time of surgery, not the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. The expert of the plaintiff will testify on doctors' obligations to the patient, the medical requirements for doctors who have similar qualifications in the area and specialty and the ways in which the defendant departed from the standard. The expert will also explain how the departure directly contributed to the patient's injury.

The defendant will employ an expert to counter the plaintiff's expert and give their professional opinion about whether the doctor was in compliance with the standards of care. It is common for the experts to differ with each however the fact finder determines who is the most trustworthy on their education and experience.

It is advisable for the expert to continue working in the medical field since they are more knowledgeable about the current practices. Jurors and judges typically believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.

It is also recommended to hire an expert witness who specializes in the area of the malpractice. For example an expert in medical practice who is well versed in dealing with breast cancer can present a an argument more convincing regarding the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know which experts to ask.