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 evidence could include medical and hospital documents.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or even staff members 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 care professional. Unfortunately, in some instances these standards are not met, or even violated. The consequences of this breach could be devastating.

A lawsuit can be filed against a medical professional if a patient is injured or dies because of the negligence of the doctor. In order to file a valid claim, the injured patient must demonstrate that there are four legal elements present in the case: breach of duty, causation, and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical field, and inflicts harm on the patient. It is a part of tort law, which addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from normal negligence because the victim must prove that the doctor knew or should have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence does not. For example the surgeon who cut a vein or nerve during surgery would be negligent, but not malpractice because the doctor was not aiming to cause harm.

In the case of medical negligence the defendant's responsibility is to provide the patient with the standards of care that a qualified health professional with similar experience and expertise would offer in similar circumstances. The violation of this obligation is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a case of malpractice, damages are calculated based on the amount you've suffered due to a physician's negligence. This can include both financial losses, including future medical bills, and non-economic losses like discomfort and pain.

To be able to claim damages, it is essential to prove that a doctor violated the law or obligation, and that his lapse from the standard of care led to injuries, and the damage had quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance when a mistake made by a doctor led to an infection, or other medical issue that required further treatment. Other damages are less readily evident, for instance, if your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. You may be able to claim punitive damages in addition to the money you'd receive in a survival lawsuit.

In most states, there are limitations on the amount you can recover in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that restrict how long you can wait to start a lawsuit.

Time Limits

Like any lawsuit there are deadlines that must be followed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a lawsuit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was any malpractice and if the case will be heard in the court. This can take months or even weeks.

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

In certain states, the statutes of limitations start to run on the date the malpractice occurred. This could be an issue if the error doesn't immediately cause symptoms. Imagine, for instance that a doctor erroneously 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 this case, the statutes of limitations may have started at the time of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to explain the details of the case. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of treating the patient with respect as well as the standards of medical care in the region and specialization for the type of doctor who has similar qualifications and abilities and the manner in which the defendant violated the standards. The expert will then explain how the deviation directly led to the patient's injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and give their professional opinion on whether the doctor was in compliance with the standards of care. It is normal for experts to disagree with each and yet the factfinder decides who is the most trustworthy on their education and experience.

It is better for the expert to still be working in the medical field since they'll have a better understanding of current practices. Jurors and judges typically consider practicing professionals more believable than experts whose only source of income is testimony in court.

It is also preferable to have an expert witness who has expertise in the field of fraud. For example an expert in medical practice who is knowledgeable about treating breast cancer can make an even more convincing case for the cause of the plaintiff's injury. A medical malpractice attorney in Ocala will know which experts to ask.