How to File a Medical Malpractice Lawsuit

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

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

Negligence

If a patient is seen by a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately they aren't always met or even complied with. The consequences of this breach can be devastating.

A lawsuit can be brought against a medical professional when patients are injured or suffers a death due to the negligence of that doctor. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements exist such as breach of duty, causation and damages.

Malpractice is defined as an act or omission of a physician that deviates from the accepted norms of practice within the medical profession, and causes injury to the patient. It is an aspect of tort law that addresses civil violations that are not contractual duties or criminal offenses.

Medical negligence is different from regular negligence because the victim must show that the doctor knew or should have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. For instance a surgeon who accidentally cut a vein or nerve during surgery would be guilty of negligence but not malpractice since the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient according with the standards of care that a reasonably qualified health professional with similar experience and training would offer in similar circumstances. The violation of this duty is an essential element because it demonstrates that the alleged negligence caused the injury.

Damages

In a malpractice case damages are determined based on the losses you have suffered caused by a doctor's negligence. They can be a combination of financial loss such as the costs of future medical treatment and non-economic losses, such as suffering and pain.

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

Some of these losses are obvious like when your doctor made a mistake that led to an infection or medical condition and you needed to seek additional treatment as a result. Some damages are more difficult to see, such as when the doctor is unable to diagnose your condition and you cannot get the right treatment.

If your doctor's malpractice causes your death or death, you can file a lawsuit for wrongful death. In these claims you're entitled to all the benefits you would have received in a survival lawsuit as well as punitive damages.

In a majority of states, there are limitations to the amount you can get in a lawsuit for malpractice. These caps vary by state and typically apply to both economic and non-economic damages. Some states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

Like any lawsuit, there are time limits which must be adhered to, or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice that occurred. The specific time limit varies by state.

The time limit can be complex and it is essential to consult a lawyer immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in court. This stage can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often modified. For example in Pennsylvania the patient must submit a claim within two years from the day they realized the malpractice attorney or when a reasonable individual would have recognized that the harm existed. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run from the date that the malpractice occurred. This can be an issue if the error does not cause immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object foreign to the body following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation, the statutes of limitations could have started beginning from the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of taking care of the patient, the medical standards in the area and the specialization for this type of doctor who has similar qualifications and abilities and the ways that the defendant deviated from those standards. The expert will describe how the defendant's deviance directly impacted the patient's injuries.

The defendant will hire an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor met the standards of care. The experts may disagree but the fact-finder is the one who decides which expert is the most reliable.

It is preferential for the expert to remain working in the medical field as they are more knowledgeable about current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely solely on the testimony of a court.

It is also beneficial to work with an expert who specializes in the area of malpractice. For example, a medical expert who is proficient in treating breast cancer could make a a more convincing argument about the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will know which experts to refer your case.