How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital, you must have evidence that the defendant has breached their duty to patients. This evidence can include hospital and medical records.

Our lawyers are adept at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are in private practice or malpractice lawsuit staff 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 met, or even violated. This breach can have devastating results.

A lawsuit may be filed against a medical professional when an injured patient dies as a result of the negligence of the physician. To be able to file a valid lawsuit, an injured patient must prove four legal elements including breach of duty and damages and causation.

Malpractice is defined as an act committed by the doctor that is against the accepted norms in the medical profession and results in injury to a patient. It is an aspect of tort law, which deals with civil wrongs that do not fall under contraindicated by law or are criminal offenses.

Medical negligence is different from regular negligence because the injured party must prove that the physician knew or should have known that their actions would cause harm to prove malpractice, whereas normal negligence does not. For instance, a surgeon who accidentally cut a vein or nerve during surgery is in the wrong of negligence, but not malpractice because the surgeon did not intend to cause harm.

In a lawsuit for medical malpractice the defendant has an obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with the same expertise and training in similar circumstances would offer. The violation of this duty is a critical aspect because it proves that the alleged negligence caused the injury.

Damages

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

In order to obtain damages, it is necessary to demonstrate that a doctor did not fulfill the duty of care and that his deviance from the standard of care resulted in injury, and the injury caused financial harm that was quantifiable. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that resulted in an illness or other medical issue that required additional treatment due to the result. Other damage isn't as apparent, such as when your doctor has misdiagnosed you and you are unable to receive the appropriate treatment.

You can sue for wrongful death if your doctor's negligence causes your death. In these claims you are entitled to all the benefits you would have gotten in a lawsuit for survival, plus punitive damages.

In many states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state and are generally applicable to both financial and other damages. Some states have laws that limit the length of time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be observed or the case could be thrown out. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The specific time limit differs by state.

The time frame can be complex, and it is crucial to consult a lawyer immediately. The law firm will investigate to determine if there was malpractice lawsuits and if the case will stand up in court. This process can take several weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitations is often altered. For example in Pennsylvania the patient has to make a claim within two years of the date they discovered the malpractice or the date a reasonable person could have realized that the injury existed. This is called the discovery rule.

In some states, the statutes of limitations begin to run from the date that the medical error occurred. This can be problematic if the medical error does not cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign object in the body of a patient following surgery. The patient may not realize the foreign object until at least three years after the surgery. In this case, the statute of limitations could have begun to begin running from the date of the surgery, not from the moment of discovery of the error.

Expert Witnesses

Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding doctors' obligations to the patient, the medical standards for doctors with similar qualifications in the area and field, and the ways that the defendant's actions were contrary to the standard. The expert will describe why the defendant's omission directly impacted the patient's injuries.

The defendant will hire an expert to challenge the plaintiff’s expert, and provide their professional opinion about whether the doctor's treatment was consistent with standards of care. It is not uncommon for experts to differ with each and yet the factfinder decides who is the most trustworthy based on their experience and education.

It is preferential for the expert to be working in the medical field because they are more knowledgeable about current practices. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also advisable to work with an expert who specializes in the field of malpractice lawsuits. For instance, a medical expert who is proficient in treating breast cancer can make an even more convincing case for the reason for the plaintiff's injury. An experienced Ocala medical malpractice attorney will know which experts to call for your case.