How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or a hospital it is necessary to prove that the defendant has breached their duty to patients. This could include hospital and medical records.

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors, other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately they aren't always met or even complied with. This breach can have devastating consequences.

A lawsuit can be filed against a medical professional if the patient is injured or dies due to the malpractice of the physician. In order to file a valid claim, the patient must prove that there are four legal elements present such as breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medicine in the medical field, and results in injury to the patient. It is an aspect of tort law, which deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the person who is injured must prove that the doctor was aware that their actions would cause harm to assert malpractice, however normal negligence is not required. For example a surgeon who accidentally cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice because the doctor was not aiming to cause harm.

In a case of medical malpractice the defendant has a duty to treat the patient according to the standard of care a reasonably competent healthcare professional with comparable experience and education in similar situations would provide. The violation of this duty is an essential element because it demonstrates that the alleged negligence caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you suffered due to the negligence of a physician. This can include both financial loss, such as the expense of medical treatment in the future, and non-economic losses like pain and suffering.

To be able to claim damages, you have to prove that the doctor did not fulfill a duty of care, that the physician's deviation from the standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis, which usually 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 needed additional treatment because of it. Other damages are less readily apparent, such as when your doctor has misdiagnosed you and you are not able to receive the appropriate treatment.

If the negligence of your doctor leads to your death, you can sue for wrongful death. You may seek punitive damages in addition to the amount you would receive in a case of survival.

In many states, there are limits to the amount you can recover in a malpractice law firm case. These limits vary from state to state and are often applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to file a lawsuit.

Time Limits

Like all lawsuits, there are deadlines that must be adhered to or the case may be barred. A malpractice lawsuit should generally be filed between two and six years after the incident occurred. The exact time frame is different for each state.

The time frame can be complex and it is essential to consult with an attorney right away. The law firm will conduct an investigation to determine if there were any mistakes 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 altered. For example in Pennsylvania the patient has to file a claim within 2 years from the date they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice happened. This could be an issue if the error doesn't cause immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign body inside the body of the patient following surgery. The patient may not be aware of the object until three years after the procedure. In this situation, the statutes of limitations could have been in the year following the date of surgery rather than the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards for the region and specialization for that type of physician with similar qualifications and skills and the ways in which the defendant departed from those standards. The expert will then explain how the deviance directly led to the injury suffered by the patient.

The defendant will engage a professional to counter the plaintiff's expert and offer their professional opinion on whether the doctor met the requirements of medical care. Experts may differ but the fact-finder will decide which expert is most credible.

It is preferential for the expert to be working in the medical field, because they'll have greater understanding of current practice. Judges and jurors often consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also recommended to hire an expert with expertise in the field of malpractice. For instance an expert in medical practice who is experienced in treating breast cancer can make an argument that is more convincing about the reason for the plaintiff's injuries. An experienced Ocala medical malpractice attorney will be aware of which expert witnesses to contact for your case.