How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant breached his or her duty to patients. This could include medical and hospital documents.

Our lawyers are adept at taking effective depositions of witnesses. These may be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health professional. Unfortunately, in some cases these standards are not met, or even violated. The results of this breach can be devastating.

When someone is injured or death because of a doctor's malpractice, they may pursue a lawsuit against the medical professional. In order to have a valid claim, the patient must demonstrate that four legal elements are present such as breach of duty, causation, and damages.

Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medical practice in the medical community, and causes injury to the patient. It is a subset of tort law that addresses civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence differs from regular negligence in that the victim must demonstrate that the doctor was aware, or should 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 doctor didn't intend to harm anyone.

In a case of medical malpractice the defendant has a duty to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with the same expertise and training in similar situations would provide. The breach of this duty is a crucial element since it proves that the negligent act caused the injury.

Damages

Damages in a malpractice case are determined by the losses you have suffered due to the negligence of a doctor. This can include both financial losses, including future medical bills, and non-economic damages, such as pain and discomfort.

In order to recover damages, you have to prove that the doctor breached the duty of care, that the physician's deviation from the standard caused injury, and the injury caused quantifiable financial consequences. This is a complicated 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 needed additional treatment in the aftermath. Certain damages are more difficult to identify for instance, when an expert misdiagnoses your illness and you do not receive the right treatment.

If your doctor's malpractice causes you to die, you can sue for the cause of death. You may be able to claim punitive damages in addition to the money you'd receive in a survival suit.

In a majority of states, there is a limit on what you can receive in a malpractice claim. These caps vary from state to state and are often applicable to both financial and other damages. Certain states also have rules that limit the time it takes to bring a lawsuit.

Time Limits

Like any lawsuit there are deadlines that must be followed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The timeframe for filing a lawsuit is different for each state.

The time limit can be complex, and it is crucial to consult with a lawyer immediately. The law firm will conduct an investigation to determine if there was malpractice and whether the case will be heard in the court. This phase can last for several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and typically, the statute of limitations is modified. In Pennsylvania the patient is entitled to two years from the date that they realized the negligence. This is called the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice occurred. This can be an issue if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient may not realize the object until three years after the procedure. In that scenario, the statute of limitations could have begun to run from the date of the procedure instead of the moment of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. The expert of the plaintiff will testify regarding the duty of the doctor towards the patient, the medical standards for physicians with similar qualifications in the field as well as the specific ways in which the defendant departed from the standard. The expert will also explain how the deviance directly caused the injury of the patient.

The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor was able to provide the required care. It is not uncommon for experts to differ with each and yet the factfinder determines who is the most reliable based on their experience and education.

It is recommended for the expert to continue working in the medical field as they are more knowledgeable about current practice. Jurors and judges typically find practicing professionals more credible than those who rely exclusively on the testimony of a court.

It is also preferable to get an expert witness who specializes in the field of negligence. For instance an expert in medical practice who is proficient in treating breast cancer can make an argument that is more convincing about the reason for a plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to call for your case.