How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a physician or hospital you must establish that the defendant has violated their duty to patients. This evidence could include hospital and medical records.

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

Negligence

If a patient is seen by a doctor or hospital professional and malpractice receives medical care, they are entitled certain standards of medical treatment. Unfortunately the standards aren't always met or even violated. This breach could have devastating consequences.

When someone suffers injury or death due to a doctor's negligence, they could sue the medical professional. In order to file a legitimate claim, the injured patient must demonstrate that there are four legal elements present in the case: breach of duty, causation and damages.

Malpractice is defined as an act committed by the doctor that is against the norms of the medical field and can cause harm to the patient. It is a section of tort law, which is concerned with civil wrongs and not criminal offences or contractual duties.

Medical negligence is distinct from regular negligence because the injured party must show that the doctor was aware that their actions would cause harm to claim malpractice, but normal negligence does not. For instance an surgeon who accidentally cuts 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 an obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with similar knowledge and experience in similar circumstances would offer. The breach of duty is important because it demonstrates that the negligence alleged caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you sustained due to a doctor's negligence. This could include financial losses, such as future medical bills, and non-economic losses like pain and discomfort.

In order to obtain damages, it is essential to establish that a doctor acted in violation of the duty of care or obligation, and that his lapse from the standard of care caused injuries, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that caused an infection or other medical complications and you needed to seek additional treatment as a result. Other damages are less readily apparent, such as when your doctor misdiagnoses you, and you are unable to receive the proper treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. You can seek punitive damages in addition to the compensation you'd receive in a survival lawsuit.

In most states, there are restrictions on what you can receive in a malpractice claim. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the length of time you can wait before filing an action.

Time Limits

Like any lawsuit there are certain deadlines that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice attorneys occurring. The exact time frame is determined by the state.

It is crucial to consult an attorney as soon as you can. The law firm will investigate to determine if there were any mistakes and whether the case will stand up in court. This stage can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitations is usually modified. For example, in Pennsylvania the patient has to submit a claim within two years from the day they discovered the malpractice or the date a reasonable person would have known that the harm existed. This is known as the discovery rule.

In certain states the statutes of limitations begin to run from the date when the malpractice occurred. This could be a problem if the medical mistake does not trigger any immediate symptoms. Imagine, for instance that a doctor erroneously left a foreign body inside the body of a patient following surgery. The patient may not discover the foreign object until at least three years after surgery. In this case the statute of limitations could have started beginning from the date of surgery, malpractice not the moment of discovery.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding doctors' obligations to the patient, medical standards for physicians with similar qualifications in the area and specialization, and the ways the defendant deviated from the standards. The expert will then describe how the deviance directly contributed to the injury of the patient.

The defendant will employ a professional to counter the plaintiff's expert and give their professional opinion regarding whether the doctor was in compliance with the guidelines of care. Experts could differ however the fact-finder determines which expert is most credible.

It is more beneficial for the expert to working in the medical field as they will have a more knowledge of the current practice. Jurors and judges typically find practicing professionals more credible than experts who rely solely on the testimony of a court.

It is also beneficial to use an expert witness that is specialized in the area of the legal malpractice. A medical professional with had experience treating breast cancer for instance, can present a an argument convincingly as to the cause of an injury. An experienced Ocala medical malpractice attorney will be aware of the experts to call for your case.