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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires proof that the defendant has violated his or her duty to patients. This could include medical and hospital documents.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals in private practice or staff at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. However, in a few instances these standards are not being met or even violated. This can cause devastating results.

When someone suffers injury or death as a result of a doctor's malpractice, malpractice they may file a lawsuit against the medical professional. To establish a case, an injured patient must establish four legal aspects including breach of duty and damages and causation.

Malpractice can be defined as an act by a doctor that is outside the accepted norms of the medical field and can cause injury to the patient. It is an aspect of tort law which covers civil violations that are not contractual duties or criminal offenses.

Medical negligence differs from normal negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm in order to assert malpractice, however normal negligence does not. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence but not negligence. This is because the surgeon did not intend to harm anyone.

In a lawsuit for medical malpractice law firm the defendant is under the obligation of treating the patient in accordance with the standard of care a reasonably competent healthcare professional with similar experience and education in similar circumstances could provide. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

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

In order to recover damages, you need to demonstrate that a doctor did not fulfill the duty of care and that his deviance from the standard of care led to injuries, and the damage caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses are obvious, such as if your doctor made an error that led to an illness or other medical issue, and you needed additional treatment as a result. Other losses are not as apparent, such as when your doctor misdiagnoses you, and you are not able to receive the right treatment.

You are able to sue for wrongful-death when a doctor's negligence caused your death. You can seek punitive damages in addition to the amount you'd get in a lawsuit for survival.

In a majority of states, there is a limit on what you can receive in a malpractice claim. These limits vary from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits there are certain time limits that must be followed or the case may be dismissed. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The specific time limit is different for each state.

The time frame can be complicated and it is important to consult with an attorney immediately. The law firm will conduct an investigation to determine if there was a mistake and whether the case will be heard in the court. This process takes weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is extended. In Pennsylvania, a patient has two years from the date that they realized the malpractice. 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 could be a problem if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign body inside the patient's body after surgery. The patient might not discover the object until three years after the surgery. In this case, the statutes of limitations could have been beginning from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

Expert witnesses are often asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify regarding the doctor's duty 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 those standards. The expert will discuss how the defendant's deviance directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor was able to provide the required care. Experts may differ but the fact-finder is the one who decides which expert is the most credible.

It is more beneficial for the expert to be working in the medical field because they will have more knowledge of the current practice. Judges and jurors typically consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also preferable to get an expert witness who specializes in the field of legal malpractice. A medical professional with expertise in treating breast cancer, for instance, can present a an argument convincingly as to the reason for an injury. A medical malpractice attorney in Ocala will know the best expert witnesses to consult.