How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This evidence may include medical and hospital documents.

Our lawyers are skilled at taking effective depositions of witnesses. They could be doctors, other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The results of this breach can be devastating.

If someone is injured or suffers death due to a doctor's negligence, they could file a lawsuit against the medical professional. In order to file a valid claim, the patient must prove that there are four legal elements in place which include breach of duty, causation, and damages.

Malpractice is defined as an act by the doctor that is against the norms of the medical community and causes harm to patients. It is a subset of tort law, which deals with civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence because the victim must show that the doctor was aware that their actions would cause harm to assert malpractice, however normal negligence does not. For firm instance a surgeon who accidentally cut a vein or nerve during surgery would be considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In an instance of medical malpractice, the defendant's duty is to treat the patient in line with the standard of care that a competent health professional with similar experience and education would offer in similar circumstances. The breach of duty is important because it proves that the alleged negligent conduct caused the injury.

Damages

The damages in a malpractice case are in relation to the losses you sustained as a result of the negligence of a doctor. These could include both financial losses, such as the cost of future medical care, and firm non-economic losses like pain and suffering.

To be able to claim damages, it is essential to establish that a doctor acted in violation of an obligation and that his deviance from the standard of care caused injuries, and the damage resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that caused an infection or other medical complications that required additional treatment in the aftermath. Some damage is more difficult to identify for instance, when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. In these cases, you are legally entitled to all the compensation you would have gotten in a survival action, plus punitive damages.

In most states there are limits on the amount you can recover in a legal case. These limits vary from state to state and are generally applicable to both financial and other damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are specific time frames which must be adhered to or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The specific time limit differs by state.

The time limit can be complex and it is essential to speak with a lawyer right away. The law firm will conduct an investigation to determine if any malpractice occurred and if it will be found to be valid in the court. This phase can last for several weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. For instance in Pennsylvania a patient must file a claim within 2 years from the day they realized the malpractice or the date a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In certain states the statutes of limitation start to run on the date the malpractice occurred. This could be an issue if the error does not immediately trigger symptoms. For instance, suppose an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient might not discover the object until three years after the procedure. In this situation the statute 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 called upon to explain the facts in medical malpractice cases. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards for the region and specialization for this type of doctor with the same qualifications and experience and the manner in which the defendant's actions were in violation of those standards. The expert will also explain why the defendant's omission directly impacted the victim's injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and provide their professional opinion as to whether the doctor met the requirements of medical care. It is common for the experts to disagree with one however the fact finder determines who is the most trustworthy on their expertise and experience.

It is preferential for the expert to remain 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 the testifying in court.

It is also advisable to use an expert witness who is skilled in the field of negligence. For instance, a medical expert who is proficient in dealing with breast cancer can present a an argument that is more convincing about the reason for an injury suffered by a plaintiff. A seasoned Ocala medical malpractice attorney will know which expert witnesses to refer your case.