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How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

When a patient visits a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately they aren't always met or even violated. This can cause devastating results.

A lawsuit may be brought against a medical professional when patients are injured or dies as a result of the negligence of that doctor. To prove a case the injured person must establish four legal aspects including breach of duty and damages and causation.

Malpractice is described as an act performed by the doctor that is against the accepted norms in the medical profession and causes harm to a patient. It is a subset of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the victim must prove that the doctor was aware, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In a medical malpractice case, the defendant has the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable experience and education in similar circumstances could provide. The breach of duty is significant since it establishes that the alleged negligence caused the injury.

Damages

In a malpractice case, damages are calculated based on your losses caused by a doctor's negligence. They can be a combination of financial loss, like the costs of future medical treatment and non-economic losses, like pain and suffering.

To recover damages, it is essential to show that a doctor has violated an obligation, that his deviation from the standard of care caused injuries, and the damage resulted in financial losses that are quantifiable. This is a complex legal process that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an infection or other medical problem, and you needed additional treatment because of it. Some damage is more difficult to identify in the event that the doctor is unable to diagnose your condition and you don't receive the proper treatment.

If the negligence of your doctor causes your death or death, you can file a lawsuit for wrongful death. You can seek punitive damages in addition to the amount you'd receive in a survival suit.

In most states, there are limitations to the amount you can get in a malpractice case. The caps differ from state to state and are often applicable to both economic and other damages. Some states have laws that limit the amount of time you have to wait before filing a lawsuit.

Time Limits

Like any lawsuit there are certain time limits which must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The time frame varies by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice was committed and if it could be able to stand in court. This phase can last for several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is usually modified. For instance in Pennsylvania a patient must submit a claim within two years from the time they realized the malpractice or that a reasonable person would have known that the harm existed. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This could be a problem if the medical error does not cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body in the body of the patient after surgery. The patient may not realize the object until three years after the surgery. In that situation the statute of limitations might have started to begin running from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to present the facts of the case. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, the medical requirements for doctors with similar qualifications in their area as well as the specific ways the defendant deviated from the standard. 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 give their professional opinion on whether the doctor's actions met the requirements of medical care. Experts may differ, but the fact-finder decides which expert is most reliable.

It is better that the expert continue to working in the medical field as they will have a greater understanding of current practice. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also advisable to choose an expert with expertise in the area of malpractice. For instance an expert in medicine who is knowledgeable about dealing with breast cancer can present a an argument more convincing regarding the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.