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How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice settlement lawsuit against a hospital or doctor requires proof that the defendant violated his or her obligation to patients. This evidence could include hospital and medical records.

Our lawyers have a wealth of experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice or staff at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, in some cases these standards are not adhered to or even breached. This breach can have devastating consequences.

If someone is injured or suffers death as a result of a physician's negligence, they can file a lawsuit against the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as an act or malpractice case omission by an individual physician that is in violation of the norms of practice accepted in the medical community, and results in injury to the patient. It is an aspect of tort law that addresses civil wrongs that aren't legally binding or criminal in nature.

Medical negligence is different from normal negligence in that the injured party must prove that the doctor knew, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn't intend to harm anyone.

In a medical malpractice case the defendant has an obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The violation of this obligation is a crucial aspect since it shows that the negligent act caused the injury.

Damages

Damages in a malpractice case are in relation to the losses you suffered as a result of a doctor's negligence. This can include both financial loss, like the expense of medical treatment in the future and non-economic losses, like pain and suffering.

To recover damages, it is necessary to show that a doctor has violated the law and that his violation of the standard of care led to injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that resulted in an illness or other medical issue and you required further treatment because of it. Other damages aren't as obvious, for instance if your doctor misdiagnoses you, and you are not able to get the correct treatment.

If a doctor's error leads to your death, you can sue for the cause of death. You can claim punitive damages in addition to the money you would get in a lawsuit for survival.

In the majority of states, there are limits to the amount you can recover in a malpractice case. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be observed or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The deadline varies according to state.

The time period can be complicated and it is important to consult with a lawyer right away. The law firm will conduct an investigation to determine if there was a malpractice was committed and if it could hold up in the court. This stage takes several weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is usually modified. In Pennsylvania patients are entitled to two years from the date that they realized the negligence. This is called the discovery rule.

In certain states, the statutes of limitations begin to run from the date on which the malpractice occurred. This can be an issue if the medical mistake does not trigger any immediate symptoms. As an example, suppose doctors mistakenly leave a foreign object inside the body following surgery. The patient may not discover the foreign object until at least three years after the surgery. In that case the statute of limitation could have begun to start running from the date of the surgery, not from the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. An expert witness for the plaintiff will discuss the doctor's obligation of taking care of the patient, the medical standards in the region and specialization for doctors with similar qualifications and skills and the ways that the defendant's actions were in violation of the standards. The expert will then explain how the departure directly contributed to the patient's injury.

The defendant will contract a professional to counter the plaintiff’s expert, and offer their professional opinion regarding whether the doctor's actions met the guidelines of care. Experts may differ however the fact-finder determines which expert is the most credible.

It is preferential for the expert to still working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges typically consider professionals who are practicing more credible than experts whose sole source of income is a testimony in court.

It is also recommended to choose an expert with expertise in the field of malpractice. A medical expert who has prior experience treating breast cancer for example, can make an argument that is convincing regarding the cause of an injury. A seasoned Ocala medical malpractice lawyer will know which experts to call for your case.