How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital it is necessary to prove that the defendant has violated their duty to patients. This evidence could be a 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 are employed at a hospital or clinic.

Negligence

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

If someone suffers injury or death as a result of a physician's negligence, they can bring a lawsuit against the medical professional. To be able to make a valid claim, the patient must demonstrate that there are four legal elements present such as breach of duty, causation and damages.

Malpractice is defined as the act or omission of the physician that goes against the accepted norms of medicine in the medical community and causes injury to the patient. It is a subset of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.

Medical negligence is distinct from regular negligence in that the party who suffers has to demonstrate that the doctor knew, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. For instance an surgeon who accidentally cuts a vein or nerve during surgery would be considered negligent, but not malpractice since the doctor was not aiming to cause harm.

In a medical malpractice lawyer lawsuit the defendant is bound by the obligation of treating the patient in accordance with the standard of care that a reasonably prudent healthcare professional with comparable experience and education in similar circumstances would provide. The violation of this duty is an essential aspect since it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are dependent on the losses you have suffered due to a doctor's negligence. These could include both financial losses, such as the cost of future medical care, and non-economic losses like suffering and pain.

In order to recover damages, you need to prove that a doctor violated the duty of care and attorneys that his deviance from the standard of care caused injury, and that the injury had quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if a doctor made an error that resulted in an infection or other medical problem, and you needed additional treatment in the aftermath. Other damage isn't as evident, for instance, if your doctor misdiagnoses you and you are unable to get the correct treatment.

You may sue for wrongful deaths when a doctor's negligence caused your death. In these claims you are entitled to the same amount you could have gotten in a survival lawsuit in addition to punitive damages.

In most states, there are limitations on the amount you can recover in a legal case. These caps vary from state to state and are usually applicable to both financial and other damages. Some states also have rules that restrict the time you have to wait to make a claim.

Time Limits

Like any lawsuit there are time limits to be adhered to or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The time frame varies by state.

It is important to talk with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a mistake and whether the case will stand up in court. This phase can last for months or even weeks.

Medical malpractice cases have different laws than other types of cases and the statute of limitations is changed. For example, in Pennsylvania the patient must submit a claim within two years of the date they realized the malpractice or when a reasonable person would have recognized that the harm existed. This is called the discovery rule.

In some states the statutes of limitations begin to run on the date that the malpractice occurred. This can be an issue if the error doesn't cause immediate symptoms. For example, suppose an unintentionally negligent doctor leaves an object foreign to the body after surgery. The patient may not be aware of the object until three years after the surgery. In this situation the statute of limitations could have begun in the year following the date of surgery rather than the discovery of error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. A plaintiff's expert will testify on doctors' obligations to the patient, medical standards for physicians with similar qualifications in their area and specialization, and the ways that the defendant's actions were contrary to the standards. The expert will then describe how the deviance directly led to the injury of the patient.

The defendant will contract a professional to counter the plaintiff’s expert, and give their professional opinion as to whether the doctor was in compliance with the requirements of medical care. The experts could disagree however the fact-finder determines which expert is most reliable.

It is preferential for the expert to still be working in the medical field, because they'll have greater understanding of current practice. Jurors and judges typically consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also recommended to work with an expert who has specialized in the area of malpractice. For example, a medical expert who is well versed in treating breast cancer can provide a more convincing argument about the reason for a plaintiff's injury. A medical malpractice attorney in Ocala will know which expert witnesses to consult.