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How to File a Medical Malpractice Lawsuit

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

Our lawyers have a wealth of experience in taking effective depositions. These may be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor, or health care professional. In some instances, these standards are not being met or even breached. This can cause devastating results.

A lawsuit can be filed against a medical professional when patients are injured or dies due to the malpractice of the doctor. To prove a case, an injured patient must establish four legal aspects which are breach of duty, duty, damages and causation.

Malpractice is defined as an act by an individual doctor that is not in line with the accepted norms of the medical profession and causes harm to the patient. It is an aspect of tort law that deals with civil wrongs that aren't legally binding or criminal in nature.

Medical negligence differs from normal negligence in that the victim must prove that the physician knew or should have known that their actions could cause harm in order to be able to claim malpractice, however normal negligence is not required. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be found negligent, but not malpractice because the surgeon did not intend to cause harm.

In a medical malpractice lawsuit, the defendant has the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable knowledge and experience in similar circumstances would provide. The violation of this duty is a critical aspect because it proves that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses due to a doctor's negligence. They can be a combination of financial loss, such as the cost of future medical expenses as well as non-economic losses like pain and suffering.

To claim damages, you must show that the doctor did not fulfill the duty of care, that the doctor's deviation from the norm caused injury, and the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance the case where a doctor's error led to an infection, or other medical complications that required further treatment. Certain damages are more difficult to identify in the event that doctors misdiagnose your condition and you don't receive the right treatment.

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

In the majority of states, there are limits on what you can receive when you file a claim for malpractice. These caps vary from state to state, and are typically applicable to both financial and other damages. Certain states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time frames to be adhered to or the case could be barred. A malpractice lawsuit must generally be filed between two and six years after the act occurred. The exact time frame varies by state.

The time period can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if malpractice occurred and whether it will hold up in court. This phase can last for several weeks or even months.

Medical malpractice cases are governed by different laws than other types of cases, and typically, the statute of limitations is changed. In Pennsylvania the patient is entitled to two years from the time that they were aware of the error. This is referred to as the discovery rule.

In other states, the statute of limitations begins at the time the malpractice happened. This could be problematic if the medical error does not cause immediate symptoms. For instance, suppose that the doctor is negligently leaving a foreign object inside the body following surgery. The patient might not be aware of the foreign object until at least three years after the surgery. In this instance, the statutes of limitations may have started in the year following the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for a plaintiff will be able to testify about the doctor's duty of providing medical care to the patient, the medical standards in the area and in the specialty of this type of doctor with similar qualifications and expertise and the ways the defendant violated those standards. The expert will explain how the deviation directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and provide their professional opinion about whether the doctor was in compliance with the guidelines of care. It is common for the experts to disagree with one and yet the fact finder decides who is the most trustworthy on their expertise and experience.

It is best for the expert to continue working in the medical field as they are more knowledgeable about current practices. Judges and jurors often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.

It is also recommended to hire an expert witness who has expertise in the area of the negligence. For example an expert in medical practice who is knowledgeable about treating breast cancer could make a an argument more convincing regarding the cause of the plaintiff's injury. A medical malpractice attorney in Ocala will know what expert witnesses to consult.