How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant violated his or her duty to patients. This evidence could include hospital and medical records.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

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

If someone suffers injury or death as a result of a physician's malpractice, they may bring a lawsuit against the medical professional. To have a valid case, the person who was injured must demonstrate four legal elements: duty, breach, damages and causation.

Malpractice is defined as an act or omission by the physician that goes against the norms of practice accepted in the medical community, and inflicts harm on the patient. It is an aspect of tort law, which deals with civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is different from normal negligence in that the victim must demonstrate that the doctor was aware, or should have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not malpractice lawsuits. This is because the doctor did not intend to hurt anyone.

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

Damages

In a malpractice case damages are calculated based upon your losses due to a doctor's negligence. These can include both actual financial losses, such as the cost of future medical expenses, and non-economic losses such as pain and suffering.

To be able to claim damages, you must prove that the doctor breached the duty of care, that the physician's deviation from the standard of care resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an infection or other medical complications and you required further treatment because of it. Certain damages are more difficult to spot for instance, when a doctor misdiagnoses your condition and you cannot get the right treatment.

If a medical professional's negligence leads to your death, you can sue for the cause of death. You may be able to claim punitive damages in addition the compensation you'd receive in a survival lawsuit.

In most states there are limitations on the amount you can recover in a legal case. These caps vary by state, and often apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to make a claim.

Time Limits

As with any lawsuit there are time limits which must be followed or the case could be barred. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The exact time frame is different for each state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be able to stand 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 the statute of limitations is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they realized the error. This is called the discovery rule.

In certain states, the statutes of limitations begin to expire on the date that the malpractice occurred. This can be an issue if the malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign body inside the body of the patient after surgery. The patient might not find the object until three years after the procedure. In this instance, the statutes of limitations could have been at the time of the surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on experts to present the facts of the case. A plaintiff's expert will testify regarding doctors' obligations to the patient, medical requirements for doctors with similar qualifications in the area and specialty and the ways in which the defendant's conduct was different from those standards. The expert will then describe how the deviance directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion on whether the doctor met the standard of care. It is not uncommon for experts to disagree with one and yet the factfinder decides who is the most trustworthy on their expertise and experience.

It is preferential for the expert to be still working in the medical field because they are more knowledgeable about current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than those who rely exclusively on the testimony of a court.

It is also recommended to get an expert witness who specializes in the area of the malpractice. For example, a medical expert who is experienced in treating breast cancer can make an even more convincing case for the cause of a plaintiff's injury. A knowledgeable Ocala medical malpractice attorney will know which experts to consult for your case.