How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This evidence can include hospital and medical documents.

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

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. However, in a few instances these standards are not met, or even violated. This can cause devastating results.

When someone is injured or death as a result of a doctor's negligence, they could sue the medical professional. To be able to file a valid lawsuit, the person who was injured must establish four legal aspects that include breach of duty, breach of duty, damages and causation.

Malpractice can be defined as an action by an individual doctor that is not in line with the accepted norms in the medical profession and results in injury to patients. It is a part of tort law, which addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the person who is injured must demonstrate that the doctor knew, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. For example a surgeon who accidentally cut a vein or nerve during surgery would be negligent, but not malpractice because the doctor didn't intend to cause harm.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in accordance with the standard of care a prudent health care professional of similar experience and qualifications could provide in similar situations. The breach of this obligation is a crucial element since it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, including future medical costs, as well as non-economic damages like pain and discomfort.

In order to recover damages, you must prove that the doctor violated the duty of care, that the physician's deviation from that standard resulted in injury, and the injury caused quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that led to an infection or other medical problem and you required further treatment because of it. Some damage is more difficult to see in the event that a doctor misdiagnoses your condition and you are unable to receive the correct treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You can seek punitive damages in addition to the money you'd get in a lawsuit for survival.

In many states, there are limits on the amount you can recover in a legal case. These caps differ from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits there are certain time limits which must be adhered to or the case will be barred. Generally speaking, a medical malpractice lawsuit (Chunzee published a blog post) must be filed within two to six years after the occurrence of medical malpractice. The timeframe for filing a lawsuit differs by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and if it will hold up in court. This can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. For instance in Pennsylvania the patient has to file a claim within two years from the time they discovered the malpractice lawyer or when a reasonable individual would have known that the harm existed. This is known as the discovery rule.

In some states the statutes of limitations start to run on the date when the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor erroneously left a foreign object in the body of the patient following surgery. The patient might not discover the object until three years after the procedure. In this scenario, the statutes of limitations could have started running from the date of surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice lawyer cases rely on expert witnesses to help explain the details of the case. A plaintiff's expert will testify about the doctor's duty to the patient, medical requirements for doctors with similar qualifications in the same area and field, and the ways that the defendant's actions were contrary to the standards. The expert will then explain how the deviation directly led to the patient's injury.

The defendant will contract an expert to challenge the plaintiff’s expert, and offer their professional opinion about whether the doctor's actions met the guidelines of care. Experts may differ but the fact-finder will decide which expert is the most trustworthy.

It is preferential for the expert to working in the medical field, since they'll have a better knowledge of current practices. Judges and jurors often consider practicing professionals more believable than experts whose sole source of income is the testifying in court.

It is also recommended to have an expert who specializes in the area of malpractice. For instance, a medical expert who is well versed in treating breast cancer can provide a more convincing argument about the reason for the plaintiff's injury. A medical malpractice attorney in Ocala will know what experts to talk to.