How to File a Medical Malpractice Lawsuit

To bring an action for medical malpractice against a physician or hospital you must prove that the defendant has breached their duty to patients. This can be evidence from hospitals and medical records.

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

Negligence

When a patient sees a doctor or hospital professional they are entitled to certain standards of medical treatment. Unfortunately, in some instances these standards are not being met or even breached. This breach can have devastating results.

If someone suffers injury or attorneys death because of a doctor's malpractice, they may file a lawsuit against the medical professional. To have a valid case, the person who was injured must establish four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the accepted norms of medicine in the medical field, and results in injury to the patient. It is a subset of tort law that deals with civil wrongs that aren't contraindicated by law or are 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 could cause harm in order to claim malpractice, but normal negligence doesn't. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be negligent, but not malpractice because the doctor didn't intend to cause harm.

In a medical malpractice lawsuit the defendant is bound by a legal obligation to treat the patient in accordance with the standard of care a reasonably competent healthcare professional with comparable expertise and training in similar circumstances could provide. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.

Damages

In a malpractice case damages are calculated based upon your losses due to a physician's negligence. This can include both financial loss, like the expense of medical treatment in the future and non-economic losses, like pain and suffering.

To be able to claim damages, you have to prove that the doctor breached the duty of care, that the physician's deviation from the standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made a mistake that led to an infection or other medical complications, and you needed additional treatment in the aftermath. Other damage isn't as obvious, for instance if your doctor has misdiagnosed you and you are not able to get the correct treatment.

If the negligence of your doctor results in your death then you can sue for wrongful death. In these cases, you are entitled to the same amount you would have received in a survival action and punitive damages.

In many states, there are limits on the amount you can recover in a legal case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit how long you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific deadlines to be adhered to or the case will be barred. In general, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The exact time frame varies by state.

The time period can be complicated, so it is vital to speak with an attorney right away. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in the court. This process can take up to a few weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitation is usually modified. In Pennsylvania, a patient has two years from the date that they discovered the malpractice lawsuits. This is called the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice happened. This can be an issue if the malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient might not find the foreign object until at least three years after the surgery. In this instance the statute of limitations could have been at the time of surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice lawsuits cases. Expert witnesses for plaintiffs will be able to testify about the doctor's duty of providing medical care to the patient and the medical standards for the region and specialization for this type of doctor with similar qualifications and expertise and the ways that the defendant's actions were in violation of the standards. The expert will discuss how the defendant's deviance directly impacted the victim's injury.

The defendant will contract an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor's treatment was consistent with requirements of medical care. It is normal for experts to disagree with each other, but the factfinder decides who is the most trustworthy on their knowledge and experience.

It is more beneficial for an expert to working in the medical field, since they'll have a better knowledge of current practices. Judges and jurors often believe that practicing professionals are more credible than experts whose sole source of income is the testifying in court.

It is also preferable to have an expert witness who is skilled in the field of fraud. A medical professional who has expertise in treating breast cancer, for instance, could present a an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best expert witnesses to consult.