How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a doctor or hospital must prove that the defendant acted in breach of his or her duty to patients. This can be evidence from hospitals and medical records.

Our lawyers are adept at conducting effective depositions of witnesses. They may be doctors, other medical professionals in private practice or work at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately these standards aren't always met, or even violated. The consequences of this breach can be devastating.

A lawsuit may be brought against a medical professional if the patient is injured or suffers a death due to the negligence of the physician. To be able to make a valid claim, the injured patient must demonstrate that four legal elements are present such as breach of duty, causation and damages.

Malpractice can be defined as an act committed by doctors that goes against the accepted norms within the medical profession and causes injury to the patient. It is a component of tort law that addresses civil wrongs, not criminal offenses or contractual duties.

Medical negligence is different from regular negligence in that the person who is injured must show that the doctor was aware or ought to have known that their actions could cause harm to claim malpractice, but normal negligence doesn't. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to harm anyone.

In the case of medical negligence, the defendant's duty is to treat the patient according with the standard of care a qualified health professional with similar experience and qualifications could provide in similar situations. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered due to a physician's negligence. These can include both actual financial loss, like the expense of medical treatment in the future, lawsuits and non-economic losses like pain and suffering.

In order to recover damages, it is necessary to prove that a doctor violated the law, that his deviation from the standard of care caused injuries, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or medical condition, and you needed additional treatment because of it. Other damages aren't as evident, like when your doctor is unable to diagnose you correctly, and you aren't able to receive the appropriate treatment.

If your doctor's malpractice results in your death or death, you can file a lawsuit for the wrongful death. In these claims, you are entitled to all the benefits you would have gotten in a survival lawsuit and punitive damages.

In many states, there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict how long you can wait to start a lawsuit.

Time Limits

As with all lawsuits there are certain time frames that must be followed or the case could be barred. A malpractice lawsuit must generally be filed between two and six years after the act 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 investigate to determine if there was any malpractice and if the case will stand up in court. This process can take several weeks or even months.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is changed. For instance, in Pennsylvania patients must file a claim within two years from the day they were aware of the malpractice, or the date a reasonable person would have known that the harm existed. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run from the date on which the medical error occurred. This can be problematic if the medical error doesn't cause immediate symptoms. For instance, suppose doctors mistakenly leave a foreign object in the body following surgery. The patient may not realize the foreign object until three or more years after surgery. In this situation the statute of limitations could have started in the year following the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the facts of the case. A plaintiff's expert witness will provide testimony regarding the doctor's duty of treating the patient with respect and the medical standards for the area and in the specialty of doctors with similar qualifications and expertise and the ways that the defendant violated the standards. The expert will then describe how the deviance directly contributed to the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for the experts to disagree with one other, but the factfinder determines who is the most reliable based on their expertise and experience.

It is more beneficial for the expert to working in the medical field, as they will have a more knowledge of the current practice. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely solely on court testimony.

It is also recommended to have an expert with expertise in the area of malpractice. A medical professional with expertise in treating breast cancer, for example, can make a convincing argument as to the reason for an injury. A medical malpractice attorney in Ocala will know the best expert witnesses to consult.