How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or a hospital, you must have evidence that the defendant has violated their duty towards patients. This evidence could include hospital and medical records.

Our lawyers are adept at taking depositions that are effective for witnesses. They could be doctors or other medical professionals who are working in private practice or are employed at a clinic or hospital.

Negligence

Patients are entitled 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 adhered to or even breached. This can cause devastating consequences.

A lawsuit may be filed against a medical professional when a patient is injured or dies because of the negligence of the physician. To have a legitimate claim, the injured patient must prove that there are four legal elements present in the case: breach of duty, causation and damages.

Malpractice is described as an act performed by a doctor that is outside the accepted norms within the medical profession and results in harm to a patient. It is a part of tort law that is concerned with civil wrongs and not criminal offences or contractual obligations.

Medical negligence differs from regular negligence because the victim must prove that the doctor knew or should have known that their actions could cause harm in order to claim malpractice, but normal negligence doesn't. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence but not malpractice. This is because the surgeon did not intend to hurt anyone.

In a case of medical malpractice, the defendant has a duty to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable knowledge and experience in similar circumstances would offer. The breach of duty is significant since it establishes that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are based on the losses you suffered due to the negligence of a physician. This can include both financial losses, like future medical bills, and non-economic damages like discomfort and pain.

To recover damages, you must show that the doctor breached the duty of care, that the physician's deviation from that standard caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical complications, and you needed additional treatment in the aftermath. Other losses are not as obvious, for instance if your doctor has misdiagnosed you and you aren't able to receive the appropriate treatment.

If a doctor's error causes you to die, you can sue for the cause of death. You may be able to claim punitive damages in addition to the compensation you would receive in a survival suit.

In many states, there is a limit to the amount you can get in a malpractice case. These caps vary by state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time you have to wait to make a claim.

Time Limits

As with all lawsuits, there are deadlines that must be observed or the case may be barred. A malpractice suit must typically be filed between two and six years after the act occurred. The specific time limit is determined by the state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be found to be valid in court. This can take weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitations is often modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the date when they first discovered the malpractice. This is called the discovery rule.

In certain states the statutes of limitations begin to run on the date when the malpractice occurred. This is a problem when the malpractice does not immediately trigger symptoms. Imagine, for example, that a doctor has negligently left a foreign object in the body of the patient following surgery. The patient might not find the object until three years after the surgery. In this instance the statute of limitations could have been running from the date of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to clarify the facts of the case. The expert of the plaintiff will testify about the doctor's duty to the patient, the medical standards for physicians who have similar qualifications in their area as well as the specific ways that the defendant's actions were contrary to the standards. The expert will discuss the way in which the defendant's actions directly caused the injury to the patient.

The defendant will engage a professional to counter the plaintiff's expert, and provide their professional opinion on whether the doctor's treatment was consistent with guidelines of care. The experts may disagree but the fact-finder is the one who decides which expert is the most reliable.

It is better for the expert to still working in the medical field, because they will have more knowledge of the current practice. Jurors and judges often consider practicing professionals more believable than experts whose only source of income is the testifying in court.

It is also beneficial to use an expert witness who specializes in the area of the negligence. A medical expert with had experience treating breast cancer for instance, can provide a convincing argument as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will know which experts to refer your case.