How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice lawyers suit against a doctor or hospital requires proof that the defendant violated his or her duty to patients. This evidence may include hospital and medical documents.

Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors, other medical professionals in private practice, or working at a hospital or clinic.

Negligence

Patients have a right to receive certain standards of care when they visit a hospital, doctor or health care professional. Unfortunately the standards aren't always adhered to or even observed. The consequences of this breach could be devastating.

If someone is injured or suffers death because of a doctor's negligence, they can pursue a lawsuit against the medical professional. To establish a case the injured person must establish four legal aspects including breach of duty and causation and damages.

Malpractice is described as an act performed by doctors that goes against the accepted norms in the medical community and causes harm to patients. It is an aspect of tort law which covers civil wrongs that aren't contractual duties or criminal offenses.

Medical negligence is different from regular negligence in that the victim must 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. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to harm anyone.

In a medical malpractice case, the defendant has a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with the same expertise and training in similar circumstances would offer. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered caused by a doctor's negligence. This can include both financial losses, like future medical bills, and non-economic losses like pain and discomfort.

In order to recover damages, you must show that the doctor breached a duty of care, that the physician's deviation from the standard caused injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or other medical problem, and you needed additional treatment due to the result. Other losses are not as obvious, for instance if your doctor misdiagnoses you, and you are unable to receive the proper treatment.

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

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

Time Limits

As with all lawsuits there are certain deadlines to be adhered to or the case may be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The exact time frame differs by state.

It is important to talk with an attorney as soon as possible. The law firm will investigate to determine if there was any malpractice and if the case can be heard in court. This stage takes weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is altered. For instance in Pennsylvania the patient must submit a claim within two years from the date they realized the malpractice or the date a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In certain states, the statutes of limitations begin to run from the date the medical error occurred. This is a problem if the medical malpractice does not cause any immediate symptoms. For example, suppose a doctor negligently leaves an object foreign to the body following surgery. The patient might not discover the object until three years after the procedure. In this situation, the statutes of limitations may have started running from the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. Expert witnesses for plaintiffs will provide testimony regarding the doctor's duty of taking care of the patient and the medical standards applicable to the area and firm in the specialty of that type of physician with the same qualifications and experience and the ways that the defendant violated those standards. The expert will then describe how the departure directly led to the injury of the patient.

The defendant will contract a professional to counter the plaintiff's expert, and offer their professional opinion on whether the doctor's actions met the guidelines of care. The experts could disagree but the fact-finder will decide which expert is the most reliable.

It is best that the expert continue to working in the medical field, because they will have greater understanding of current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who solely rely on court testimony.

It is also recommended to hire an expert with expertise in the area of malpractice. For instance, a medical expert who is well versed in treating breast cancer can make an argument that is more convincing about the reason for the plaintiff's injury. An experienced Ocala medical malpractice lawyer will know which experts to consult for your case.