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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant acted in breach of his or her duty to patients. This evidence could be a hospital and medical records.

Our attorneys have extensive experience in conducting effective depositions. They could be doctors, other medical professionals working in private practice, or staff members at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately the standards aren't always met, or even violated. This can lead to devastating consequences.

A lawsuit may be filed against a medical professional if patients are injured or dies as a result of the negligence of that doctor. In order to have a legitimate claim, the injured patient must prove that four legal elements exist which include breach of duty, causation, and damages.

Malpractice can be defined as an act committed by the doctor that is against the accepted norms in the medical profession and causes injury to a patient. It is an aspect of tort law, which deals with civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence in that the party who suffers must prove that the doctor knew, or should have known that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. For instance the surgeon who cut a vein or nerve during surgery could be found considered negligent, but not malpractice as the surgeon did not intend to cause harm.

In a medical malpractice case the defendant's responsibility is to treat the patient in accordance with the standards of care a competent health professional with similar experience and qualifications could provide in similar situations. The breach of this duty is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

Damages in a malpractice case are based on the losses you suffered as a result of the negligence of a doctor. These could include both financial loss such as the costs of future medical treatment and non-economic losses, like suffering and pain.

To be able to claim damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from the standard of care caused injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be seen immediately, for example an error by a doctor led to an infection, or other medical issues that required further treatment. Certain damages are more difficult to see, such as when the doctor is unable to diagnose your condition and you cannot get the correct treatment.

If a doctor's error causes you to die or death, you can file a lawsuit for the cause of death. You may seek punitive damages in addition to the compensation you would receive in a case of survival.

In many states, there is a limit on what you can claim when you file a claim for malpractice. These caps vary state-to-state and typically apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

As with all lawsuits, there are specific deadlines which must be adhered to or the case could be dismissed. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The timeframe for filing a malpractice lawsuits lawsuit varies by state.

The time period can be complex, and it is crucial to consult with an attorney right away. The law firm will conduct an investigation to determine if any malpractice occurred and if it will hold up in the court. This process can take up to a few weeks or even months.

Medical malpractice lawsuits cases are subject to different laws and the statute of limitations is frequently altered. In Pennsylvania, a patient has two years from the date that they discovered the malpractice. This is called the discovery rule.

In certain states the statutes of limitation begin to run from the date that the medical error occurred. This could be an issue when the mistake does not immediately cause symptoms. As an example, suppose a doctor negligently leaves an object that is foreign in the body following surgery. The patient may not discover the foreign object until at least three years after surgery. In this instance, the statutes of limitations could have begun running from the date of surgery, not the moment of identifying the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. A plaintiff's expert will testify on the doctor's duty to the patient, the medical guidelines for doctors who have similar qualifications in their area and field, and the ways in which the defendant departed from those standards. The expert will explain how the defendant's deviance directly impacted the patient's injuries.

The defendant will employ an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the standard of care. Experts may differ but the fact-finder is the one who decides which expert is the most trustworthy.

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

It is also advisable to get an expert witness who is skilled in the field of fraud. A medical professional who has expertise in treating breast cancer, for instance, can provide a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know the best expert witnesses to consult.