How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her duty to patients. This can be evidence from hospitals and medical records.

Our attorneys have extensive expertise in obtaining depositions that are successful. These may be doctors or other medical professionals in private practice, or even staff members at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical treatment. In some instances, these standards are not met, or even breached. The consequences of this breach can be devastating.

A lawsuit may be brought against a medical professional when patients are injured or dies due to the malpractice of the physician. In order to file a valid claim, the patient must demonstrate that there are four legal elements in place: duty, breach of duty, causation and damages.

Malpractice can be defined as an action by doctors that goes against the accepted norms of the medical profession and results in injury to patients. It is an aspect of tort law, which deals with civil wrongs that aren't legal obligations or criminal offenses.

Medical negligence is different from normal negligence in that the party who suffers has to 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 does not. For example an surgeon who accidentally nicks a nerve or malpractice lawsuit vein during surgery would be negligent, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice lawsuit, the defendant has a duty to treat the patient according to the standard of care a reasonably competent healthcare professional with comparable experience and training in similar situations would provide. The violation of this duty is a critical element since it proves that the negligent act caused the injury.

Damages

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

To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill a duty or obligation, and that his lapse from the standard of care led to injury, and the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be identified immediately, for example an error by a doctor caused an infection or other medical complications which required additional treatment. Other damages aren't as apparent, such as when your doctor misdiagnoses you, and you're unable to receive the proper treatment.

You can sue wrongful death when a doctor's negligence caused your death. You can claim punitive damages in addition the compensation you would receive in a case of survival.

In many states, there are restrictions on the amount you can be awarded in a lawsuit for malpractice. These caps vary from state to state and are generally applicable to both financial and other damages. Some states have laws that limit the length of time you can delay before filing a lawsuit.

Time Limits

As with all lawsuits, there are deadlines that must be adhered to, or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be accepted in the court. This stage takes weeks or months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is extended. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they discovered the negligence. This is called the discovery rule.

In other states the statute of limitations starts at the time the malpractice happened. This could be problematic if the medical error does not cause immediate symptoms. Imagine, for malpractice lawsuit instance, that a doctor negligently left a foreign body in the body of the patient following surgery. The patient might not discover the object until three years after the surgery. In this situation, the statutes of limitations could have been running from the date of the surgery, not the moment of identifying the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of treating the patient with respect as well as the standards of medical care in the region and specialty for that type of physician with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will then explain how the departure directly led to the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion on whether the doctor met the standard of care. Experts could differ however the fact-finder determines which expert is the most trustworthy.

It is preferential for the expert to continue working in the medical field as they are more knowledgeable about current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who rely solely on court testimony.

It is also beneficial to get an expert witness who has expertise in the area of the negligence. For instance an expert in medicine who is knowledgeable about dealing with breast cancer can present a an even more convincing case for the cause of the plaintiff's injuries. A medical malpractice lawyer in Ocala will know what experts to ask.