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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant breached his or her duty to patients. This evidence could be a medical and hospital records.

Our attorneys have extensive expertise in obtaining depositions that are successful. They may be doctors, other medical professionals in private practice, or working at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional they are entitled to certain standards of medical treatment. Unfortunately, these standards are not always adhered to or even observed. This can cause devastating results.

If someone is injured or suffers death as a result of a doctor's negligence, they could pursue a lawsuit against the medical professional. To establish a case the injured person must prove four legal elements which are breach of duty, duty, causation and damages.

Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of medical practice within the medical profession, and can cause injury to the patient. It is a subset of tort law that deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence differs from normal negligence because the injured party must prove that the doctor was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence doesn't. For example, a surgeon who accidentally cut a vein or nerve during surgery would be negligent, but not malpractice since the doctor didn't intend to cause harm.

In a medical malpractice lawsuits case, the defendant's duty is to treat the patient according with the standard of care that a prudent health care professional of similar experience and training would provide in similar circumstances. The violation of this duty is a crucial element because it demonstrates that the negligent act caused the injury.

Damages

Damages in a malpractice case are based on the losses you suffered due to negligence by a doctor. This can include both financial losses, such as the cost of future medical care, and non-economic losses such as pain and suffering.

To recover damages, you need to prove that a doctor violated an obligation, that his deviation from the standard of care resulted in injury, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified immediately, for example the case where a doctor's error caused an infection or any other medical condition which required additional treatment. Other damages are less readily apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to receive the proper treatment.

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

In the majority of states, there are restrictions on what you can claim in a malpractice case. These limits vary from state to state and are generally applicable to both economic and other damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits there are time limits which must be adhered to or the case will be barred. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time limit is complicated, so it is vital to consult with a lawyer immediately. The law firm will conduct an investigation to determine if there was malpractice and if the case could stand up in court. This stage can take months or even weeks.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is changed. In Pennsylvania patients are entitled to two years from the time when they first discovered the error. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This could be an issue if the error doesn't cause immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign object in the body of the patient after surgery. The patient may not realize the foreign object until at least three years after surgery. In this case, the statutes of limitations could have started at the time of surgery rather than the time of discovery of an error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice law firm cases. The expert of the plaintiff will testify regarding the duty of the doctor to the patient, medical guidelines for doctors who have similar qualifications in the field and specialization, and the ways that the defendant's actions were contrary to the standard. The expert will describe how the defendant's deviance directly impacted the patient's injuries.

The defendant will hire an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor was able to provide the required care. Experts may differ but the fact-finder is the one who decides which expert is the most reliable.

It is preferential for the expert to still working in the medical field since they'll have a greater understanding of current practice. 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 beneficial to hire an expert who is specialized in the area of malpractice. A medical professional who has expertise in treating breast cancer, for instance, could present a an argument convincingly as to the reason for an injury. An experienced Ocala medical malpractice lawyer will know which expert witnesses to consult for your case.