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How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her duty to patients. This evidence may include medical and hospital documents.

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

Negligence

If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.

A lawsuit may be brought against a medical professional when patients are injured or dies due to the malpractice of that doctor. In order to file a legitimate claim, the injured patient must demonstrate that four legal elements are present such as breach of duty, causation, and damages.

Malpractice can be described as an act performed by an individual doctor that is not in line with the accepted norms in the medical community and causes harm to a patient. It is a component of tort law, which deals with civil wrongs but not criminal or contractual obligations.

Medical negligence differs from regular negligence because the victim must prove that the physician was aware or ought to have known that their actions would cause harm to be able to claim malpractice, however normal negligence doesn't. For example, a surgeon who accidentally nicks a nerve or vein during surgery would be considered negligent, but not malpractice as the doctor was not aiming to cause harm.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standard of care a qualified health professional with similar experience and training would offer in similar circumstances. The violation of this duty is an essential element because it demonstrates that the alleged negligent behavior caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you suffered due to a doctor's negligence. This could include financial losses, such as future medical costs, and non-economic damages such as discomfort and pain.

To recover damages, it is necessary to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care resulted in injuries, and the damage had quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of the losses can be observed immediately, for example, malpractice lawsuit if a doctor's mistake caused an infection or other medical issues that require additional treatment. Some damages are more difficult to see in the event that an expert misdiagnoses your illness and you do not receive the correct treatment.

You may sue for malpractice lawsuit wrongful deaths in the event that your doctor's negligence results in your death. In these claims, you are entitled to the same amount you would have gotten in a survival case, plus punitive damages.

In most states there are limits to the amount you can recover in a legal case. These limits 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 delay before filing a lawsuit.

Time Limits

As with any lawsuit there are deadlines that must be observed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit differs by state.

It is important to talk with an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice has occurred and if it will hold up in the court. This stage can take weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. In Pennsylvania patients are entitled to two years from the date that they realized the negligence. This is known as the discovery rule.

In some states the statutes of limitations begin to run on the date on which the malpractice lawyer occurred. This is problematic if the medical mistake does not trigger any immediate symptoms. Imagine, for example, that a doctor negligently left a foreign body inside the body of the patient following surgery. The patient may not realize the object until three years after the procedure. In this scenario, the statutes of limitations could have begun running from the date of surgery, not the discovery of error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert witness will provide testimony regarding the doctor's duty of care to the patient and the medical standards applicable to the area and the specialization for this type of doctor who has similar qualifications and abilities and the ways the defendant's actions were in violation of the standards. The expert will then explain how the deviance directly caused the patient's injury.

The defendant will engage a professional to counter the plaintiff's expert, and then provide their professional opinion about whether the doctor's actions met the guidelines of care. It is common for the experts to disagree with one with respect to their opinions, but the fact finder determines who is the most reliable based on their expertise and experience.

It is best for the expert to continue working in the medical field as they are more informed about current practice. Jurors and judges tend to consider professionals who are practicing more credible than experts who rely solely on the testimony of a court.

It is also recommended to hire an expert witness who is skilled in the field of legal malpractice. For instance, a medical expert who is well versed in treating breast cancer can make an argument more convincing regarding the reason for the plaintiff's injury. A knowledgeable Ocala medical malpractice lawyer will be aware of which expert witnesses to call for your case.