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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her obligation to patients. This evidence could be a hospital and medical records.

Our attorneys have extensive experience in conducting effective depositions. These may be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor, or health care professional. However, in a few instances these standards are not met or are even breached. This breach can have devastating consequences.

A lawsuit may be brought against a medical professional when the patient is injured or suffers a death due to the negligence of the physician. To have a valid case, an injured patient must establish four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act or omission committed by the physician that goes against the accepted norms of medicine in the medical community, and can cause injury to the patient. It is an aspect of tort law that addresses civil wrongs that are not contraindicated by law or are criminal offenses.

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

In an instance of medical malpractice the defendant's obligation is to treat the patient according with the standards of care that a reasonably qualified health professional with similar experience and expertise would provide in similar circumstances. The violation of this duty is a crucial element since it proves that the alleged negligence caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses due to a doctor's negligence. This can include both financial losses, such as future medical expenses, as well as non-economic losses like pain and discomfort.

To recover damages, you must show that the doctor breached a duty of care, that the physician's deviation from the standard of care resulted in injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of the losses can be observed quickly, for example an error by a doctor resulted in an infection or other medical issue that require additional treatment. Certain damages are more difficult to see in the event that an expert misdiagnoses your illness and you don't receive the correct treatment.

If a doctor's error causes your death or death, you can file a lawsuit for wrongful death. In these claims you're entitled to everything you would have gotten in a lawsuit for survival and punitive damages.

In many states, there are limitations on the amount you can recover in a legal case. These caps vary by state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict how long you can wait to make a claim.

Time Limits

As with all lawsuits, there are time limits which must be adhered to or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The timeframe for filing a malpractice lawsuit differs by state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and if the case can be heard in the court. This can take up to a few weeks or even months.

Medical malpractice (additional resources) cases are subject to different laws and the statute of limitations is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they were aware of the error. This is known as the discovery rule.

In some states, the statutes of limitations begin to expire on the date when the malpractice occurred. This could be a problem if the medical error doesn't cause immediate symptoms. As an example, suppose a doctor negligently leaves an object that is foreign in the body after surgery. The patient may not be aware of the object until three years after the procedure. In that situation the statute of limitations might have started to run from the date of the procedure instead of the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice lawsuits cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, the medical standards for doctors with similar qualifications in their area and specialty and the ways the defendant deviated from the standard. The expert will then explain how the deviation directly contributed to the injury suffered by the patient.

The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor met the standard of care. It is normal for experts to disagree with one however the factfinder decides who is the most trustworthy on their expertise and experience.

It is more beneficial for the expert to be working in the medical field because they'll have better knowledge of current practices. Jurors and judges tend to consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.

It is also beneficial to work with an expert who specializes in the area of malpractice. For example an expert in medicine who is well versed in treating breast cancer could make a an argument that is more convincing about the reason for an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala knows which experts to talk to.