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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This evidence can include hospital and medical records.

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

Negligence

Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. In some instances, these standards are not met, or even breached. This breach can have devastating results.

A lawsuit can be brought against a medical professional if a patient is injured or dies because of the negligence of the doctor. To be able to make a valid claim, the patient must demonstrate that four legal elements exist in the case: breach of duty, causation and damages.

Malpractice is defined as an act or omission committed by a physician that deviates from the norms of practice accepted in the medical community, and causes injury to the patient. It is an aspect of tort law which covers civil wrongs that do not fall under legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the victim must prove that the physician was aware that their actions could cause harm in order to prove malpractice, whereas normal negligence does not. A surgeon who accidentally nicks or cuts 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 case of medical malpractice law firms the defendant is bound by a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable knowledge and experience in similar circumstances would provide. The violation of this duty is a critical element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

The damages in a malpractice case are dependent on the losses you sustained as a result of the negligence of a doctor. This can include both financial losses, such as future medical costs, and non-economic damages such as discomfort and pain.

To be able to claim damages, you must prove that the doctor breached the duty of care, that the doctor's deviation from the standard of care resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that resulted in an infection or other medical complications that required additional treatment due to the result. Other damages are less readily obvious, for instance if your doctor misdiagnoses you and you're unable to receive the right treatment.

You can sue for wrongful death in the event that a negligent doctor causes your death. In these cases you're entitled to everything you would have gotten in a survival action in addition to punitive damages.

In the majority of states, there are limits on the amount you can recover in a legal case. The caps differ from state to state and are often applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to start a lawsuit.

Time Limits

As with any lawsuit, there are specific time limits that must be followed or the case will be barred. A malpractice suit must typically be filed between two and six years after the incident occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time period can be complicated, so it is vital to speak with a lawyer right away. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be accepted in court. This phase can last for up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. For example, in Pennsylvania the patient must submit a claim within two years of the date they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This can be problematic if the medical malpractice does not cause any immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient may not be aware of the object until three years after the surgery. In this case, the statutes of limitations could have begun running from the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify about the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in their area as well as the specific ways the defendant deviated from the standard. The expert will describe how the defendant's deviance directly caused the injury to the patient.

The defendant will hire 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. Experts could differ but the fact-finder is the one who decides which expert is most trustworthy.

It is preferential that the expert continue to be working in the medical field, because they will have better knowledge of current practices. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also advisable to have an expert with expertise in the area of malpractice. For example, a medical expert who is experienced in dealing with breast cancer can present a an argument that is more convincing about the cause of an injury suffered by a plaintiff. A seasoned Ocala medical malpractice lawyer will know which experts to call for your case.