How to File a Medical Malpractice Lawsuit

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

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

Negligence

If a patient is seen by a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some instances these standards are not adhered to or even breached. The results of this breach can be devastating.

When someone suffers injury or death due to a doctor's malpractice, they may file a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements exist in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission committed by an individual physician that is in violation of the accepted norms of practice in the medical community and inflicts harm on the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual duties.

Medical negligence is different from normal negligence in that the party who suffers must prove 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. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to hurt anyone.

In the case of medical negligence, the defendant's duty is to provide the patient with the standards of care a prudent health care professional of similar experience and education could provide in similar situations. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you suffered due to negligence by a doctor. This can include both financial losses, including future medical costs, as well as non-economic damages like discomfort and pain.

To be able to claim damages, you need to prove that a doctor violated the duty of care and that his violation of the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor malpractice made a mistake that led to an illness or other medical issue and you needed to seek additional treatment due to the result. Certain damages are more difficult to spot like when a doctor misdiagnoses your condition and you do not receive the proper treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. You may seek punitive damages in addition the compensation you'd get in a lawsuit for survival.

In a majority of states, malpractice there is a limit on what you can claim in a malpractice claim. These limits vary from state to state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the amount of time you have to wait before filing a lawsuit.

Time Limits

As with any lawsuit there are certain deadlines which must be adhered to or the case will be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice attorneys arising. The deadline varies according to state.

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

Medical malpractice attorney cases have different laws than other types of cases, and typically, the statute of limitations is changed. For example in Pennsylvania the patient has to file a claim within two years from the day they were aware of the malpractice, or when a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In some states the statutes of limitations start to run on the date that the malpractice occurred. This can be an issue if the error doesn't immediately cause symptoms. As an example, suppose doctors mistakenly leave a foreign object inside the body after surgery. The patient may not realize the foreign object until at least three years after the surgery. In this instance, the statutes of limitations could have begun at the time of surgery rather than the discovery of error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of providing medical care to the patient and the medical standards for the region and specialty for doctors with similar qualifications and skills and the manner in which the defendant deviated from the standards. The expert will describe why the defendant's omission directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and offer their professional opinion about whether the doctor was able to provide the required care. It is common for the experts to disagree with each other, but the fact finder decides who is the most reliable based on their knowledge and experience.

It is better for the expert to still be working in the medical field, because they'll have better understanding of current practices. Jurors and judges tend to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also recommended to work with an expert who specializes in the field of malpractice. A medical professional who has had experience treating breast cancer for instance, can present a an argument convincingly as to the reason for an injury. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to contact for your case.