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How to File a Medical Malpractice Lawsuit

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

Our lawyers have experience conducting effective depositions of witnesses. They could be doctors or other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. However, in a few instances these standards are not met, or even breached. The results of this breach can be devastating.

A lawsuit can be brought against a medical professional if a patient is injured or dies because of the negligence of the physician. To prove a case the injured person must establish four legal elements including breach of duty and causation and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms within the medical profession and results in injury to patients. It is a section of tort law, which is concerned with civil wrongs but not criminal or contractual duties.

Medical negligence is different from regular negligence in that the party who suffers has to demonstrate that the doctor knew, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence does not. For instance a surgeon who accidentally cuts a vein or nerve during surgery could be found considered negligent, but not malpractice law firm because the doctor did not intend to cause harm.

In a case of medical malpractice the defendant is bound by a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances would provide. The violation of this duty is a critical element since it proves that the alleged negligence caused the injury.

Damages

In a malpractice case damages are calculated based on your losses caused by a doctor's negligence. This can include both financial losses, like future medical costs, as well as non-economic damages like discomfort and pain.

In order to recover damages, you must show that the doctor did not fulfill a duty of care, that the doctor's deviation from the standard of care resulted in injury, and the injury was measurable in terms of financial consequences. This is a complex legal process that usually requires expert witness testimony.

Certain of the losses can be observed immediately, for instance when a mistake made by a doctor resulted in an infection or other medical complications that require additional treatment. Some damage is more difficult to see like when a doctor misdiagnoses your condition and you are unable to receive the right treatment.

You can sue wrongful death when a doctor's negligence caused your death. In these cases you're legally entitled to all the compensation you could have gotten in a survival lawsuit as well as punitive damages.

In the majority of states, there are restrictions on what you can claim in a malpractice case. The caps differ from state to state and are usually applicable to both financial and other damages. Some states also have rules that limit how long you can wait to file a lawsuit.

Time Limits

Like any lawsuit, there are specific time limits which must be adhered to or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The timeframe for filing a lawsuit is different for each state.

The time limit is complex, and it is crucial to speak with an attorney immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in court. This stage takes weeks or months.

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

In certain states the statutes of limitation start to run on the date on which the malpractice lawsuits occurred. This could be problematic if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor negligently left a foreign object in the body of the patient following surgery. The patient may not realize the object until three years after the surgery. In that case the statute of limitations might have started to begin running from the date of the procedure, not the discovery of the error.

Expert Witnesses

Expert witnesses are often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify on the doctor's duty to the patient, medical requirements for doctors with similar qualifications in the area and field, and the ways the defendant deviated from those standards. The expert will describe why the defendant's omission directly impacted the victim's injury.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standards of care. It is common for the experts to disagree with each and yet the fact finder decides who is the most reliable based on their experience and education.

It is preferential for the expert to be working in the medical field because they are more knowledgeable about current practices. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also beneficial to choose an expert who has specialized in the area of malpractice. A medical expert with prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the cause of an injury. A medical malpractice attorney in Ocala will know the best experts to ask.