How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice law firms lawsuit against a doctor or a hospital you must establish that the defendant has breached their duty towards patients. This evidence could include hospital and medical documents.

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

Negligence

When a patient goes to a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not being met or even breached. This can cause devastating results.

A lawsuit may be brought against a medical professional when patients are injured or dies due to the malpractice of the doctor. To be able to make a legitimate claim, the injured patient must prove that there are four legal elements in place: duty, breach of duty, causation, and damages.

Malpractice is defined as an act or omission by the physician that goes against the accepted norms of practice within the medical profession, and results in injury to the patient. It is an aspect of tort law, which deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence is different from regular negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to harm anyone.

In a medical malpractice case the defendant has a duty to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable knowledge and experience in similar circumstances would provide. The breach of duty is significant since it establishes that the negligence alleged caused the injury.

Damages

In a malpractice lawsuit, damages are in relation to the losses you suffered due to the negligence of a doctor. This could include financial losses, such as future medical costs, as well as non-economic damages such as discomfort and pain.

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill the law, that his deviation from the standard of care caused injury, and the injury caused financial harm that was quantifiable. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses can be seen immediately, for example an error by a doctor led to an infection, or other medical issue that required additional treatment. Other damages aren't as evident, for instance, if your doctor is unable to diagnose you correctly, and you're unable to receive the appropriate treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. You can claim punitive damages in addition to the compensation you would get in a lawsuit for survival.

In most states there are limits to the amount you can recover in a legal case. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states also have rules that restrict how long you can wait to make a claim.

Time Limits

As with all lawsuits there are certain time limits that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The specific time limit is determined by the state.

The time frame can be complex, and it is crucial to consult an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will hold up in court. This process takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is modified. For example, in Pennsylvania the patient must submit a claim within two years from the time they discovered the malpractice law firms or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run from the date the malpractice occurred. This could be an issue if the error doesn't immediately cause symptoms. For example, suppose the doctor is negligently leaving an object foreign to the body after surgery. The patient may not realize the foreign object until three or more years after surgery. In this instance the statute of limitations may have started beginning from the date of the procedure, not necessarily the discovery of error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will discuss the doctor's obligation of care to the patient and the medical standards applicable to the area and the specialization for that type of physician with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will explain how the deviance directly led to the injury suffered by the patient.

The defendant will hire a professional to counter the plaintiff's expert and give their professional opinion on whether the doctor was in compliance with the standards of care. It is not uncommon for experts to disagree with one other, but the factfinder decides who is the most trustworthy on their education and experience.

It is more beneficial for the expert to still working in the medical field, because they will have better understanding of current practices. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to work with an expert with expertise in the area of malpractice. A medical expert who has prior experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to call for your case.