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How to File a Medical Malpractice Lawsuit

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

Our lawyers are skilled at deposing witnesses in a professional manner. These may be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately these standards aren't always met, or even violated. The results of this breach could be devastating.

When someone suffers injury or death due to a doctor's negligence, they could bring a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements exist: duty, breach of duty, causation, and damages.

Malpractice is defined as an act or omission by the physician that goes against the accepted norms of medicine in the medical community and can cause injury to the patient. It is an aspect of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the person who is injured must prove that the physician was aware that their actions could cause harm in order to claim malpractice, but normal negligence doesn't. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be negligent, but not malpractice since the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to provide the patient with the standards of care that a prudent health care professional of similar experience and training would offer in similar circumstances. The violation of this duty is an essential element since it proves that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you have suffered due to the negligence of a physician. This can include both financial losses, like future medical costs, as well as non-economic damages like pain and discomfort.

In order to recover damages, you need to prove that a doctor violated a duty and that his deviance from the standard of care led to injury, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses can be identified quickly, for example when a mistake made by a doctor resulted in an infection or any other medical condition that require additional treatment. Some damage is more difficult to identify, such as when a doctor misdiagnoses your condition and you do not receive the proper treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the money you would receive in a survival suit.

In the majority of states, there are limitations on the amount you can recover in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are time limits which must be adhered to, or the case may be barred. A malpractice suit must typically be filed between two and six years after the act occurred. The specific time limit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be accepted in the court. This process can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is changed. In Pennsylvania patients are entitled to two years from the date when they first discovered the malpractice. This is known as the discovery rule.

In certain states the statutes of limitation begin to run from the date on which the medical error occurred. This could be an issue if the error doesn't cause immediate symptoms. For instance, suppose that a doctor negligently leaves a foreign object inside the body after surgery. The patient may not realize the foreign object until three or more years after surgery. In that situation the statute of limitations might have started to run from the date of the surgery, not from the discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to present the facts of the case. The expert of the plaintiff will testify about the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in their area as well as the specific ways in which the defendant departed from the standard. The expert will also explain how the defendant's deviance directly impacted the victim's injury.

The defendant will employ a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor was in compliance with the requirements of medical care. The experts may disagree, but the fact-finder decides which expert is most credible.

It is best for the expert to be still working in the medical field since they are more knowledgeable about the current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than those who rely exclusively on the testimony of a court.

It is also beneficial to hire an expert witness who is skilled in the area of the legal malpractice. A medical expert who has experience treating breast cancer, for instance, could present a an argument convincingly as to the cause of an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to contact for your case.