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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 has violated his or her obligation to patients. This could include hospital and medical documents.

Our lawyers are skilled at deposing witnesses in a professional manner. They could be doctors or other medical professionals in private practice, or employees at a clinic or hospital.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, in some instances these standards are not being met or even violated. This breach can have devastating results.

If someone is injured or suffers death due to a doctor's malpractice, they may file a lawsuit against the medical professional. In order to have a valid claim, the patient must prove that four legal elements are present in the case: breach of duty, causation and damages.

Malpractice is defined as an action by the doctor that is against the accepted norms within the medical field and can cause harm to the patient. It is a section of tort law that deals with civil wrongs but not criminal or contractual duties.

Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm to assert malpractice, however normal negligence is not required. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to hurt anyone.

In a lawsuit for medical malpractice, the defendant has a legal obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances would provide. The breach of duty is crucial because it shows that the negligent act caused the injury.

Damages

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

To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill the law or obligation, malpractice lawsuit and that his lapse from the standard of care caused injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Certain of these losses can be spotted immediately, for example an error by a doctor resulted in an infection or any other medical condition that require additional treatment. Some damages are more difficult to identify like when an expert misdiagnoses your illness 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 be able to claim punitive damages in addition to the amount you'd get in a lawsuit for survival.

In many states, there are limits on what you can receive in a malpractice case. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be thrown out. In general, a malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

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

Medical malpractice cases have different laws than other types of cases and typically, the statute of limitations is extended. In Pennsylvania, a patient has two years from the time that they discovered the malpractice. This is referred to as the discovery rule.

In some states the statutes of limitation begin to run on the date when the medical error occurred. This can be a problem when the malpractice does not immediately cause symptoms. For example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient may not discover the foreign object until three or malpractice lawsuit more years after surgery. In this scenario, the statutes of limitations may have started in the year following the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. A plaintiff's expert will testify on the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the same area and specialty and the ways that the defendant's actions were contrary to the standards. The expert will then explain how the deviance directly led to the injury of the patient.

The defendant will engage an expert to counter the plaintiff's expert, and offer their professional opinion about whether the doctor was in compliance with the standards of care. The experts could disagree but the fact-finder will decide which expert is most reliable.

It is recommended for the expert to be working in the medical field because they are more knowledgeable about current practices. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also beneficial to have an expert who specializes in the field of malpractice. A medical expert who has prior experience treating breast cancer for instance, can present a an argument that is convincing regarding the cause of an injury. A medical malpractice lawyer in Ocala will know which expert witnesses to consult.