How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or hospital you must establish that the defendant has breached their obligation to patients. This evidence could include hospital and medical documents.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors or other medical professionals in private practice, or even staff members at a clinic or hospital.

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately the standards aren't always met, or even violated. This can cause devastating results.

A lawsuit can be brought against a medical professional when patients are injured or dies because of the negligence of the physician. In order to have a legitimate claim, the injured patient must demonstrate that four legal elements are present in the case: breach of duty, causation, and damages.

Malpractice is described as an act performed by a doctor that is outside the norms of the medical community and causes harm to the patient. It is a component of tort law that addresses civil wrongs not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the victim must prove that the doctor was aware that their actions could cause harm in order to prove malpractice lawsuits, whereas normal negligence is not required. For instance an surgeon who accidentally cut a vein or nerve during surgery would be in the wrong of negligence, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice case the defendant has a legal obligation to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with the same knowledge and experience in similar circumstances would provide. The breach of this duty is an essential aspect since it shows that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are in relation to 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.

To claim damages, you have to prove that the doctor did not fulfill a duty of care, that the doctor's deviation from the standard of care caused injury, and this injury had quantifiable monetary consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for example when a mistake made by a doctor resulted in an infection or other medical complications that require additional treatment. Some damage is more difficult to see in the event that an expert misdiagnoses your illness and you do not receive the right treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. In these claims you are entitled to everything you could have gotten in a survival lawsuit in addition to punitive damages.

In the majority of states, there are limits on the amount you can recover in a legal case. These caps differ from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict the length of time you have to wait to bring a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be followed or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The deadline varies according to state.

The time period can be complex and it is essential to consult an attorney right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be able to stand in court. This stage takes several weeks or even months.

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

In other states the statute of limitations starts to run from the date the malpractice law firm occurred. This can be an issue if the medical malpractice does not cause any immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient may not realize the object until three years after the procedure. In this situation the statute of limitations may have started running from the date of the surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently required to explain facts in medical malpractice cases. A plaintiff's expert will testify on the duty of the doctor to the patient, medical standards for doctors with similar qualifications in the area and field, and the ways the defendant deviated from the standards. The expert will explain how the deviance directly led to the patient's injury.

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

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

It is also advisable to use an expert witness who is skilled in the field of fraud. A medical expert who has experience treating breast cancer, for instance, could present a an argument that is convincing regarding the cause of an injury. A seasoned Ocala medical malpractice lawyer will know which experts to refer your case.