How to File a Medical Malpractice Lawsuit

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

Our attorneys have extensive experience in conducting effective depositions. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or malpractice health care professional. However, in a few instances these standards are not met or are even violated. The consequences of this breach could be devastating.

A lawsuit may be filed against a medical professional when patients are injured or suffers a death due to the negligence of that doctor. In order to file a valid claim, the injured patient must prove that there are four legal elements present which include breach of duty, causation and damages.

Malpractice can be defined as an act committed by the doctor that is against the accepted norms within the medical profession and results in harm to a patient. It is a part of tort law, which covers civil violations and not criminal offences or contractual obligations.

Medical negligence differs from normal negligence in that the injured party must prove that the doctor was aware, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts 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 the case of medical negligence, the defendant's duty is to treat the patient in accordance with the standards of care that a reasonably qualified health professional with similar experience and training would offer in similar circumstances. The breach of duty is crucial since it establishes that the negligence alleged caused the injury.

Damages

Damages in a malpractice case are based on the losses you suffered due to the negligence of a doctor. This can include both financial losses, such as future medical costs, as well as non-economic damages, such as discomfort and pain.

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill a duty, that his deviation from the standard of care resulted in injury, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an illness or other medical issue, and you needed additional treatment as a result. Certain damages are more difficult to identify like when an expert misdiagnoses your illness and you are unable to receive the right treatment.

If your doctor's malpractice causes your death then you can sue for the cause of death. In these claims you are legally entitled to all the compensation you could have gotten in a survival case, plus punitive damages.

In many states, there are restrictions on the amount you can be awarded in a malpractice claim. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the length of time you have to wait to file a lawsuit.

Time Limits

Like any lawsuit there are certain time frames that must be observed or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The time limit differs by state.

The time limit is complex, and it is crucial to consult with an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will hold up in the court. This process takes weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example, in Pennsylvania the patient must submit a claim within two years from the date they realized the malpractice or when a reasonable individual would have known that the harm existed. This is called the discovery rule.

In some states the statutes of limitations begin to run from the date when the malpractice lawsuits occurred. This can be problematic if the act does not immediately trigger symptoms. Imagine, for example, that a doctor negligently left a foreign object in the body of a patient following surgery. The patient may not realize the foreign object until at least three years after the surgery. In this scenario the statute of limitations could have started running from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify on the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in the area and field, and the ways the defendant deviated from those standards. The expert will discuss the way in which the defendant's actions directly impacted the patient's injuries.

The defendant will engage an expert to counter the plaintiff's expert and give their professional opinion as to whether the doctor was able to provide the required care. The experts could disagree, but the fact-finder decides which expert is most credible.

It is better for the expert to working in the medical field because they will have better knowledge of current practices. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testifying in court.

It is also preferable to get an expert witness who specializes in the area of the legal malpractice. For instance, a medical expert who is knowledgeable about treating breast cancer can provide an argument more convincing regarding the reason for the plaintiff's injuries. A medical malpractice attorney in Ocala will know what expert witnesses to consult.