How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This evidence could include medical and hospital records.

Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

When a patient visits a doctor or hospital professional, they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. This breach could have devastating consequences.

If someone suffers injury or death due to a doctor's malpractice, they may bring a lawsuit against the medical professional. To have a legitimate claim, the injured patient must prove that there are four legal elements present which include breach of duty, causation and damages.

Malpractice is described as an act performed by an individual doctor that is not in line with the accepted norms in the medical community and causes injury to the patient. It is a component of tort law, which is concerned with civil wrongs not criminal offenses or contractual duties.

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 be able to claim malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to cause harm to anyone.

In the event of a medical malpractice lawsuit the defendant's responsibility is to treat the patient according with the standard of care a qualified health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is crucial because it proves that the alleged negligence caused the injury.

Damages

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

To recover damages, it is essential to prove that a doctor violated the duty of care and that his violation of the standard of care led to injuries, and the damage had quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.

Certain of these losses can be seen quickly, for example when a mistake made by a doctor resulted in an infection or other medical complications that require additional treatment. Certain damages are more difficult to spot in the event that an expert misdiagnoses your illness and you are unable to receive the correct treatment.

You can sue wrongful death in the event that a negligent doctor causes your death. In these claims, you are entitled to the same amount you could have gotten in a survival action in addition to punitive damages.

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

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The time frame varies by state.

The time limit is complicated, so it is vital to speak with a lawyer right away. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will be heard in court. This stage can take several weeks or even months.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is modified. For example in Pennsylvania a patient must file a claim within two years of the date they realized the malpractice or when a reasonable individual would have known 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 occurred. This is problematic if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the patient's body after surgery. The patient may not discover the foreign object until three or more years after the surgery. In this instance the statute of limitations may have started beginning from the date of surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice lawsuits cases depend on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify about the doctor's duty to the patient, medical standards for doctors with similar qualifications in the same area as well as the specific ways in which the defendant's conduct was different from the standards. The expert will then describe how the deviance directly contributed to the injury of the patient.

The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor was in compliance with the standards of care. It is normal for experts to disagree with one other, but the factfinder decides who is the most trustworthy on their knowledge and experience.

It is best for the expert to be working in the medical field since they are more informed about current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on the testimony of a court.

It is also better to choose an expert who specializes in the field of malpractice. A medical professional who has expertise in treating breast cancer, for example, can make an argument convincingly as to the cause of an injury. A medical malpractice lawsuits lawyer in Ocala knows which expert witnesses to consult.