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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant acted in breach of his or her duty to patients. This could include hospital and medical records.

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

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not being met or even breached. The results of this breach can be devastating.

If someone suffers injury or death because of a doctor's malpractice legal, they may pursue a lawsuit against the medical professional. To have a valid case, the person who was injured must establish four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act committed by a doctor that is outside the accepted norms in the medical profession and results in injury to patients. It is an aspect of tort law which covers civil wrongs that do not fall under legally binding or criminal in nature.

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

In a lawsuit for medical malpractice, the defendant has the obligation of treating the patient according to the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The breach of this duty is a crucial aspect because it proves that the negligent act caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered caused by a doctor's negligence. They can be a combination of financial loss, like the expense of medical treatment in the future as well as non-economic losses such as pain and suffering.

To recover damages, you need to prove that a doctor violated an obligation and that his violation of the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or malpractice claim other medical complications and you required further treatment in the aftermath. Some damage is more difficult to see, such as when doctors misdiagnose your condition and you do not receive the proper treatment.

If a medical professional's negligence causes you to die or death, you can file a lawsuit for the wrongful death. In these claims, you are entitled to everything you could have gotten in a survival lawsuit, plus punitive damages.

In many states, there are restrictions on the amount you can be awarded in a malpractice claim. These limits vary from state to state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit the time it takes to start a lawsuit.

Time Limits

Like any lawsuit there are certain time limits to be adhered to or the case may be barred. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The timeframe for filing a malpractice lawsuit is different for each state.

The time limit is complex and it is essential to consult a lawyer right away. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will stand up in the court. This stage takes weeks or months.

Medical malpractice cases are governed by different laws than other types of cases and typically, the statute of limitations is extended. In Pennsylvania the patient is entitled to two years from the date that they discovered the malpractice. 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 an issue if the mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves a foreign object in the body after surgery. The patient might not find the object until three years after the procedure. In that scenario the statute of limitations could have expire from the date the surgery instead of the moment the error was discovered.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the details of the case. A plaintiff's expert will testify about the doctor's duty to the patient, medical standards for doctors with similar qualifications in the same area as well as the specific ways in which the defendant departed from the standards. The expert will then describe how the deviance directly contributed to the patient's injury.

The defendant will hire a professional to counter the plaintiff's expert, and then provide their professional opinion about whether the doctor was in compliance with the requirements of medical care. It is common for the experts to disagree with each other, but the fact finder determines who is the most trustworthy based on their knowledge and experience.

It is preferential for the expert to still working in the medical field, as they will have a greater understanding of current practice. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also recommended to have an expert who has specialized in the area of malpractice claim. A medical professional 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 knows which experts to speak with.