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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This evidence could be a hospital and medical documents.

Our attorneys have extensive experience in taking depositions that are effective. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately these standards aren't always adhered to or even observed. The results of this breach could be devastating.

A lawsuit can be brought against a medical professional if patients are injured or suffers a death due to the negligence of that doctor. To be able to make a valid claim, the patient must prove that there are four legal elements present such as breach of duty, causation and damages.

Malpractice is defined as an act committed by the doctor that is against the accepted norms of the medical community and causes harm to the patient. It is a section of tort law that covers civil violations and not criminal offences or contractual duties.

Medical negligence differs from regular negligence because the injured party must prove that the doctor was aware that their actions could cause harm to assert malpractice, however normal negligence doesn't. For example a surgeon who accidentally nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice since the surgeon did not intend to cause harm.

In the case of medical negligence the defendant's obligation is to provide the patient with the standard of care a qualified health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is an essential aspect because it proves that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you sustained as a result of negligence by a doctor. This can include both financial losses, such as future medical bills, and non-economic damages such as discomfort and pain.

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

Some of these losses are evident like when your doctor made an error that resulted in an infection or other medical problem and you required further treatment in the aftermath. Some damages are more difficult to see in the event that the doctor is unable to diagnose your condition and you do not receive the correct treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You may seek punitive damages in addition to the amount you'd get in a lawsuit for survival.

In the majority of states, there is a limit on what you can claim when you file a claim for malpractice lawsuits. These limits vary from state to state and usually apply to both economic and non-economic damages. Some states have laws that limit the time you can delay before filing an action.

Time Limits

Like any lawsuit, there are deadlines that must be followed or the case may be barred. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The specific time limit is determined by the state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be able to stand in court. This phase can last for up to a few weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitations is often altered. In Pennsylvania the patient is entitled to two years from the time that they realized the negligence. This is known as the discovery rule.

In certain states the statutes of limitations start to run on the date that the malpractice occurred. This can be an issue when the mistake is not immediately causing symptoms. Imagine, for example, that a doctor has negligently left a foreign body inside the patient's body after surgery. The patient may not realize the object until three years after the surgery. In that scenario the statute of limitations could have start running from the date of the procedure instead of the moment of discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of care to the patient, the medical standards in the region and specialization for doctors with the same qualifications and experience and the ways the defendant departed from those standards. The expert will discuss the way in which the defendant's actions directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff’s expert, and give their professional opinion regarding whether the doctor's treatment was consistent with requirements of medical care. Experts could differ but the fact-finder will decide which expert is the most credible.

It is better for the expert to working in the medical field, as they will have a better understanding of current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who solely rely on the testimony of a court.

It is also advisable to have an expert witness who specializes in the field of malpractice. A medical expert with prior experience treating breast cancer for instance, could present a an argument that is convincing as to the cause of an injury. An experienced Ocala medical malpractice attorney will know which experts to refer your case.