How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice (more resources) suit against a hospital or doctor requires proof that the defendant acted in breach of his or her duty 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 working in private practice, or employees at a clinic or hospital.

Negligence

When a patient visits a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, these standards are not always met, or even violated. This can lead to devastating consequences.

A lawsuit can be brought against a medical professional if patients are injured or dies because of the negligence of the doctor. To establish a case the injured person must establish four legal aspects including breach of duty and damages and causation.

Malpractice can be defined as an action by the doctor that is against the accepted norms within the medical community and causes harm to patients. It is a section of tort law that addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm to prove malpractice, whereas normal negligence is not required. 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 did not intend to cause harm to anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in line with the standards of care that a competent health professional with similar experience and education could provide in similar situations. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.

Damages

In a malpractice attorneys case, damages are calculated based on the amount you've suffered caused by a doctor's negligence. This can include both financial losses, like future medical expenses, as well as non-economic losses like discomfort and pain.

To claim damages, you have to prove that the doctor breached the duty of care, that the doctor's deviation from the norm caused injury, and the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made a mistake that led to an infection or other medical problem and you needed to seek additional treatment in the aftermath. Some damage is more difficult to see for instance, when the doctor is unable to diagnose your condition and you don't receive the right treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. In these claims you're entitled to everything you would have gotten in a survival action as well as punitive damages.

In most states, there are limitations on the amount you can recover in a legal case. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states have laws that limit how long you can wait before filing an action.

Time Limits

Like any lawsuit there are time limits that must be followed or the case could be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The deadline varies according to state.

The time limit can be complicated, so it is vital to consult a lawyer right away. The law firm will conduct an investigation to determine if any malpractice occurred and whether it will be able to stand in court. This stage takes weeks or even months.

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

In other states the statute of limitations begins at the time the malpractice occurred. This could be a problem if the medical mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body in the body of the patient after surgery. The patient might not find the object until three years after the procedure. In that situation, the statute of limitations could have run from the date of the surgery, not from the time of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the facts of the case. A plaintiff's expert will testify on the duty of the doctor malpractice towards the patient, the medical standards for doctors with similar qualifications in the area and specialization, and the ways the defendant deviated from the standards. The expert will discuss how the defendant's deviance directly caused the injury to the patient.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor met the requirements of medical care. Experts may differ, but the fact-finder decides which expert is most reliable.

It is preferential for the expert to remain working in the medical field since they are more knowledgeable about the current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also recommended to hire an expert who has specialized in the area of malpractice. A medical expert who has expertise in treating breast cancer, for instance, malpractice could present a a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know what experts to speak with.