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How to File a Medical Malpractice Lawsuit

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

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, in some cases these standards are not met, or even breached. The results of this breach can be devastating.

When someone suffers injury or death as a result of a doctor's negligence, they could bring a lawsuit against the medical professional. To have a valid claim, the patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation, and damages.

Malpractice is defined as an action by the doctor that is against the accepted norms of the medical community and causes harm to a patient. It is an aspect of tort law, which deals with civil wrongs that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence because the injured party must prove that the doctor knew or should have known that their actions would cause harm to prove malpractice attorney, whereas normal negligence does not. For instance an surgeon who accidentally nicks a nerve or vein during surgery is negligent, but not malpractice because the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice the defendant has an obligation to treat the patient in accordance with the standards of care that a reasonably competent healthcare professional with similar experience and training in similar situations would provide. The breach of this duty is an essential element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

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

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

Some of these losses are obvious like when your doctor made an error that caused an infection or medical condition and you required further treatment as a result. Certain damages are more difficult to spot, such as when an expert misdiagnoses your illness and you do not receive the proper treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these cases you are entitled to everything you would have gotten in a lawsuit for survival as well as punitive damages.

In a majority of states, there are restrictions on what you can claim in a lawsuit for malpractice. These caps differ from state to state and are generally applicable to both economic and other damages. Certain states also have rules that restrict how long you can wait to make a claim.

Time Limits

Like any lawsuit, there are specific deadlines that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The timeframe for filing a lawsuit is determined by the 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 malpractice occurred and if it will be found to be valid in the court. This stage can take several weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitations is frequently altered. In Pennsylvania patients are entitled to two years from the time that they were aware of the negligence. This is known as the discovery rule.

In some states, the statutes of limitations begin to expire on the date when the malpractice occurred. This can be an issue if the error is not immediately causing symptoms. As an example, suppose the doctor is negligently leaving a foreign object in the body following surgery. The patient might not discover the object until three years after the surgery. In this case, the statutes of limitations may have started beginning from the date of surgery rather than the moment of discovery.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify on the doctor's duty to the patient, medical standards for physicians who have similar qualifications in their area and specialty and the ways the defendant deviated from those standards. The expert will then explain how the deviation directly contributed to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion on whether or not the doctor met the standards of care. It is not uncommon for experts to disagree with one with respect to their opinions, but the fact finder decides who is the most trustworthy based on their education and experience.

It is best for the expert to still working in the medical field, as they will have a more knowledge of the current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on court testimony.

It is also preferable to hire an expert witness who specializes in the area of the legal malpractice lawsuits. A medical professional who has prior experience treating breast cancer for instance, can present a an argument that is convincing as to the cause of an injury. An experienced Ocala medical malpractice lawyer will be aware of the experts to contact for your case.