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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or a hospital you must establish that the defendant has breached their obligation to patients. This could include medical and hospital documents.

Our lawyers are skilled at conducting effective depositions of witnesses. They may be doctors, Lawyers other medical professionals in private practice, or working at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately these standards aren't always met or even violated. This breach can have devastating consequences.

When someone suffers injury or death because of a doctor's negligence, they could bring a lawsuit against the medical professional. To be able to file a valid lawsuit, an injured patient must demonstrate four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act by doctors that goes against the accepted norms within the medical community and causes harm to a patient. It is an aspect of tort law, which deals with civil wrongs that are not legally binding or criminal in nature.

Medical negligence is different from regular negligence because the injured party must prove that the doctor knew or should have known that their actions could cause harm to claim malpractice, but normal negligence does not. For example the surgeon who creates a cut on a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice since the doctor did not intend to cause harm.

In an instance of medical malpractice the defendant's obligation is to treat the patient in line with the standard of care a qualified health professional with similar experience and expertise would offer in similar circumstances. The breach of this obligation is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses as a result a doctor's negligence. This can include both financial losses, like future medical costs, and non-economic damages such as discomfort and lawyers 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 resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an infection or other medical complications and you required further treatment due to the result. Other losses are not as apparent, such as when your doctor misdiagnoses you, and you are not able to get the correct treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You can claim punitive damages in addition to the money you would receive in a survival suit.

In most states there are limits to the amount you can recover in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to make a claim.

Time Limits

As with any lawsuit there are time limits that must be observed or the case will be barred. In general, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The exact time frame varies by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and whether it will be found to be valid in court. This can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is extended. For example in Pennsylvania a patient must make a claim within two years from the date they were aware of the malpractice, or when a reasonable person should have realized the injury existed. This is known as the discovery rule.

In some states, the statutes of limitations begin to expire on the date that the medical error occurred. This is a problem if the medical malpractice attorneys does not cause any immediate symptoms. Imagine, for instance that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient may not be aware of the object until three years after the procedure. In this scenario, the statutes of limitations could have begun running from the date of surgery rather than the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to clarify the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of care to the patient as well as the standards of medical care in the region and specialization for doctors with similar qualifications and skills and the ways the defendant deviated from the standards. The expert will then explain how the deviation directly led to the injury suffered by the patient.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor's treatment was consistent with requirements of medical care. It is not uncommon for experts to disagree with one with respect to their opinions, but the fact finder determines who is most credible based on their expertise and experience.

It is preferential that the expert continue to working in the medical field, since they'll have a more knowledge of the current practice. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is testimony in court.

It is also preferable to get an expert witness who specializes in the area of the malpractice. For example, a medical expert who is proficient in treating breast cancer could make a a more convincing argument about the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know the best expert witnesses to consult.