How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a doctor or hospital it is necessary to prove that the defendant has breached their duty to patients. This evidence could include hospital and medical documents.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals in private practice or work at a clinic or hospital.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. In some instances, these standards are not met or are even breached. This breach can have devastating results.

A lawsuit can be brought against a medical professional when a patient is injured or dies due to the malpractice of the doctor. In order to file a legitimate claim, the injured patient must prove that four legal elements exist such as breach of duty, causation and damages.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of practice in the medical community, and inflicts harm on the patient. It is an aspect of tort law that deals with civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence is distinct from regular negligence because the injured party must prove that the physician was aware or ought to have known that their actions would cause harm in order to prove malpractice, whereas normal negligence does not. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found considered negligent, but not malpractice since the surgeon did not intend to cause harm.

In a case of medical malpractice the defendant has an obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar experience and training in similar circumstances would offer. The violation of this duty is a crucial element since it proves that the alleged negligent behavior caused the injury.

Damages

In a malpractice case damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, such as future medical costs, as well as non-economic damages like pain and discomfort.

To be able to claim damages, it is essential to prove that a doctor violated an obligation and that his deviance from the standard of care led to injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made a mistake that led to an infection or medical condition, and you needed additional treatment in the aftermath. Other damages are less readily apparent, such as when your doctor is unable to diagnose you correctly, and you're unable to get the correct treatment.

If the negligence of your doctor results in your death or death, you can file a lawsuit for the wrongful death. In these cases you're entitled to all the benefits you would have received in a survival case, plus punitive damages.

In most states, there are restrictions on what you can claim in a lawsuit for malpractice. These caps vary by state and usually apply to both economic and non-economic damages. Some states also have rules that restrict the time it takes to start a lawsuit.

Time Limits

As with all lawsuits, there are specific time frames 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 occurring. The time limit differs by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice law firms occurred and whether it will be able to stand in court. This stage can take months or even weeks.

Medical malpractice cases are governed by different laws and the statute of limitations is often modified. For instance in Pennsylvania patients must submit a claim within two years from the date they realized the malpractice lawyers or when a reasonable individual would have known that the harm existed. This is known as the discovery rule.

In some states the statutes of limitations begin to run on the date that the malpractice occurred. This can be problematic if the medical mistake does not trigger any immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign body in the body of a patient following surgery. The patient may not realize the foreign object until at least three years after surgery. In this situation, the statutes of limitations could have been at the time of surgery rather than the moment of discovery.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the details of the case. A plaintiff's expert will testify regarding doctors' obligations to the patient, the medical requirements for doctors who have similar qualifications in the same area and field, and the ways the defendant deviated from the standard. The expert will then describe how the deviance directly led to the injury of the patient.

The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor was able to provide the required care. The experts may disagree but the fact-finder is the one who decides which expert is the most credible.

It is more beneficial for an expert to working in the medical field as they will have a greater understanding of current practice. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also advisable to hire an expert with expertise in the area of malpractice. A medical professional who has expertise in treating breast cancer, for example, can make an argument that is convincing as to the cause of an injury. A medical malpractice attorney in Ocala will know which experts to ask.