How to File a Medical Malpractice Lawsuit

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

Our lawyers have years of experience in conducting effective depositions. These may be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional is entitled to certain standards of medical care. However, in a few instances these standards are not met, or even breached. This breach can have devastating results.

If someone suffers injury or death due to a doctor's negligence, they can pursue a lawsuit against the medical professional. In order to file a legitimate claim, the injured patient must prove that four legal elements exist: duty, breach of duty, causation and damages.

Malpractice is defined as an action by a doctor that is outside the norms of the medical profession and causes harm to a patient. It is a subset of tort law that addresses civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence because the victim must prove that the physician knew or should have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.

In a lawsuit for medical malpractice lawsuits the defendant is bound by a legal obligation to treat the patient according to the standard of care a reasonably prudent healthcare professional with similar experience and education in similar situations would provide. The breach of duty is important because it shows that the negligent act caused the injury.

Damages

The damages in a malpractice law firm case are determined by the losses you suffered as a result of the negligence of a physician. This could include financial losses, such as future medical expenses, as well as non-economic damages such as pain and discomfort.

To be able to claim damages, you need to prove that a doctor violated a duty, that his deviation from the standard of care caused injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that caused an illness or other medical issue, and you needed additional treatment due to the result. Certain damages are more difficult to spot like when doctors misdiagnose your condition and you do not receive the correct treatment.

If the negligence of your doctor results in your death then you can sue for the wrongful death. In these cases you're entitled to the same amount you could have gotten in a survival action as well as punitive damages.

In many states, there are limits on what you can claim in a malpractice claim. The caps differ from state to state, and are typically applicable to both economic and other damages. Certain states have laws that limit the amount of time you can wait before filing an action.

Time Limits

Like any lawsuit, there are specific time limits to be adhered to or the case may be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The deadline varies according to state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be accepted in court. This process takes weeks or months.

Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitations is changed. For instance in Pennsylvania the patient must make a claim within two years from the time they were aware of the malpractice, or when a reasonable individual would have recognized that the harm existed. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This is problematic if the medical error doesn't cause immediate symptoms. As an example, suppose doctors mistakenly leave a foreign object inside the body after surgery. The patient may not be aware of the object until three years after the surgery. In this scenario, the statutes of limitations may have started beginning from the date of surgery rather than the discovery of error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the facts of the case. A plaintiff's expert will testify regarding the duty of the doctor to the patient, medical requirements for doctors with similar qualifications in their area and specialty and the ways the defendant deviated from the standards. The expert will describe how the defendant's departure directly impacted the victim's injury.

The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion as to whether the doctor was able to provide the required care. Experts may differ, but the fact-finder decides which expert is most reliable.

It is preferential for the expert to be still working in the medical profession since they are more knowledgeable about current practice. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also beneficial to choose an expert with expertise in the area of malpractice. A medical expert with experience treating breast cancer, for instance, could present a an argument convincingly as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which expert witnesses to contact for your case.