How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant violated his or her obligation to patients. This evidence could include hospital and medical documents.

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

Negligence

When a patient sees a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, these standards are not always adhered to or even observed. The results of this breach could be devastating.

If someone suffers injury or death because of a doctor's malpractice, they may file a lawsuit against the medical professional. To have a valid case, an injured patient must establish four legal aspects: duty, breach, causation and damages.

Malpractice is defined as the act or omission of an individual physician that is in violation of the norms of practice accepted in the medical field, and causes injury to the patient. It is an aspect of tort law which covers civil wrongs that are not legally binding or criminal in nature.

Medical negligence differs from regular negligence in that the victim has to demonstrate that the doctor was aware, or ought to have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to cause harm to anyone.

In a medical malpractice lawyer lawsuit the defendant is under a legal obligation to treat the patient according to the standard of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances could provide. The breach of this duty is a crucial element since it proves that the alleged negligent behavior caused the injury.

Damages

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

In order to recover damages, you need to establish that a doctor acted in violation of the duty of care and that his violation of the standard of care caused injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted immediately, for instance an error by a doctor caused an infection or other medical issue that require additional treatment. Some damage is more difficult to detect in the event that doctors misdiagnose your condition and you don't receive the proper treatment.

You can sue for wrongful death when a doctor's negligence caused your death. You can seek punitive damages in addition to the money you'd receive in a survival lawsuit.

In the majority of states, there are limits to the amount you can recover in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Some states have laws that limit the time you have to wait before filing a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be observed or the case could be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The specific time limit varies by state.

The time limit can be complicated, so it is vital to consult with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be found to be valid in the court. This phase can last for months or even weeks.

Medical malpractice cases are subject to different laws and the statute of limitations is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they realized the malpractice. This is known as the discovery rule.

In other states the statute of limitations begins at the time the malpractice occurred. This can be problematic if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body inside the body of the patient after surgery. The patient may not be aware of the object until three years after the surgery. In that situation, the statute of limitations could have begun to begin running from the date of the surgery, not from the discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding doctors' obligations to the patient, the medical guidelines for doctors who have similar qualifications in the area and specialization, and malpractice lawsuit the ways in which the defendant's conduct was different from those standards. The expert will then describe how the deviance directly caused the injury of the patient.

The defendant will employ an expert to counter the plaintiff's expert and give their professional opinion on whether the doctor was in compliance with the standards of care. Experts could differ, but the fact-finder decides which expert is most trustworthy.

It is best that the expert continue to be working in the medical field, because they will have better knowledge of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also advisable to hire an expert witness who is skilled in the area of the legal malpractice. A medical expert who has prior experience treating breast cancer for example, can make an argument that is convincing as to the reason for an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to refer your case.