How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor must prove that the defendant acted in breach of his or her duty to patients. This evidence may include hospital and medical records.

Our lawyers are adept at deposing witnesses in a professional manner. They may be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

Patients have the right to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately these standards aren't always met or lawsuit even violated. This can lead to devastating results.

A lawsuit can be filed against a medical professional if a patient is injured or suffers a death due to the negligence of the doctor. To prove a case the patient who has been injured must prove four legal elements including breach of duty and damages and causation.

Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community and inflicts harm on the patient. It is a component of tort law that is concerned with civil wrongs but not criminal or contractual duties.

Medical negligence differs from regular negligence in that the person who is injured must prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to harm anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standard of care that a reasonably qualified health professional with similar experience and expertise could provide in similar situations. The breach of this obligation is a crucial element since it proves that the negligent act caused the injury.

Damages

Damages in a malpractice case are determined by the losses you sustained due to the negligence of a doctor. This can include both financial losses, like future medical costs, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you have to prove that the doctor violated a duty of care, that the doctor's deviation from the standard of care resulted in injury, and this injury had quantifiable monetary consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified immediately, for example when a mistake made by a doctor led to an infection, or other medical issues that require additional treatment. Other damage isn't as apparent, such as when your doctor is unable to diagnose you correctly, and you're unable to receive the appropriate treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. In these claims you're entitled to all the benefits you would have received in a survival lawsuit and punitive damages.

In most states, there are restrictions on what you can claim when you file a claim for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit the time you have to wait to start a lawsuit.

Time Limits

Like all lawsuits, there are time limits which must be followed or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The timeframe for filing a lawsuit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a mistake and if the case can stand up in court. This stage takes weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is frequently altered. For instance in Pennsylvania the patient has to file a claim within two years from the time they were aware of the malpractice, or the date a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This is an issue if the mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not realize the object until three years after the procedure. In this situation, the statutes of limitations could have started beginning from the date of the surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on experts to present the facts of the case. A plaintiff's expert witness will discuss the doctor's obligation of taking care of the patient and the medical standards applicable to the area and in the specialty of the type of doctor who has similar qualifications and abilities and the ways that the defendant departed from the standards. The expert will then explain how the deviance directly contributed to the injury suffered by the patient.

The defendant will hire an expert to counter the plaintiff's expert and offer their professional opinion on whether or not the doctor was in compliance with the standards of care. The experts may disagree but the fact-finder is the one who decides which expert is the most reliable.

It is best for the expert to remain working in the medical field since they are more knowledgeable about the current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than those who rely exclusively on court testimony.

It is also recommended to get an expert witness who has expertise in the field of legal malpractice. A medical professional who has had experience treating breast cancer for instance, lawsuit can provide an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which expert witnesses to consult for your case.