How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant has violated his or her obligation to patients. This evidence could be a hospital and medical records.

Our lawyers have years of experience in taking depositions that are effective. They could be doctors or other medical professionals in private practice, or working at a clinic or hospital.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical care. Unfortunately, these standards are not always met or even violated. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional if an injured patient dies because of the negligence of the doctor. To have a legitimate claim, the injured patient must prove that there are four legal elements present such as breach of duty, causation, and damages.

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 can cause injury to the patient. It is a part of tort law, which addresses civil wrongs, not criminal offenses or contractual obligations.

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 claim malpractice, but normal negligence does not. 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 didn't intend to hurt anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in accordance with the standard of care that a reasonably qualified health professional with similar experience and qualifications could provide in similar situations. The breach of this duty is a critical aspect since it shows that the negligent act caused the injury.

Damages

In a malpractice lawsuit, damages are in relation to the losses you sustained due to the negligence of a doctor. These can include both actual financial loss such as the expense of medical treatment in the future as well as non-economic losses such as suffering and pain.

To recover damages, you must show that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified in a matter of minutes, for instance the case where a doctor's error resulted in an infection or other medical complications that require additional treatment. Other damages aren't as evident, like when your doctor has misdiagnosed you and you are unable to get the correct treatment.

If a doctor's error results in your death and you are unable to sue, you may be able to sue for wrongful death. In these cases, you are entitled to the same amount you would have received in a survival case in addition to punitive damages.

In a majority of states, there is a limit on what you can claim in a lawsuit for malpractice. The caps differ from state to state and are often applicable to both financial and other damages. Some states also have rules that restrict the time it takes to make a claim.

Time Limits

Like any lawsuit, there are specific deadlines that must be observed or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The time limit differs by state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there were any mistakes and if the case will be heard in court. This can take weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is changed. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they discovered the error. This is referred to as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This can be problematic if the medical error does not cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body inside the body of a patient following surgery. The patient might not discover the object until three years after the surgery. In this instance, the statutes of limitations may have started running from the date of surgery rather than the discovery of error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to help explain the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of taking care of the patient, the medical standards in the region and specialization for doctors who has similar qualifications and abilities and the ways that the defendant violated the standards. The expert will also explain how the deviance directly caused the injury suffered by the patient.

The defendant will hire an expert to counter the plaintiff's expert and malpractice lawsuit provide their professional opinion about whether the doctor met the standards of care. It is normal for experts to differ with each other, but the factfinder determines who is the most trustworthy on their expertise and experience.

It is best for the expert to still be working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who solely rely on the testimony of a court.

It is also recommended to work with an expert who has specialized in the field of malpractice. For instance, a medical expert who is experienced in treating breast cancer can make a more convincing argument about the reason for a plaintiff's injury. A medical malpractice attorney in Ocala will know what experts to speak with.