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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 could include hospital and medical records.

Our attorneys have extensive experience in taking effective depositions. They could be doctors or other medical professionals who are in private practice or work at a clinic or hospital.

Negligence

When a patient sees a doctor or hospital professional is entitled to certain standards of medical care. However, in a few instances these standards are not met or are even violated. The results of this breach could be devastating.

A lawsuit can be filed against a medical professional if the patient is injured or dies as a result of the negligence of the doctor. In order to have a valid claim, the injured patient must demonstrate that four legal elements exist in the case: breach of duty, causation, and damages.

Malpractice can be defined as an act by an individual doctor that is not in line with the accepted norms of the medical field and can cause harm to the patient. It is an aspect of tort law that deals with civil violations that are not contraindicated by law or are criminal offenses.

Medical negligence is different from regular negligence because the injured party must show that the doctor was aware or ought to have known that their actions could cause harm in order to claim malpractice, but normal negligence is not required. For instance an surgeon who accidentally nicks a nerve or vein during surgery could be in the wrong of negligence, but not malpractice because the doctor did not intend to cause harm.

In an instance of medical malpractice the defendant’s obligation is to treat the patient according with the standards of care that a prudent health care professional of similar experience and education would provide in similar circumstances. The breach of duty is significant because it demonstrates that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you suffered due to the negligence of a physician. This can include both financial loss, like the cost of future medical care and non-economic losses, like suffering and pain.

To recover damages, you must show that the doctor violated a duty of care, that the physician’s deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made an error that caused an infection or medical condition and you required further treatment because of it. Some damages are more difficult to identify like when doctors misdiagnose your condition and you cannot get the correct treatment.

If a doctor’s error results in your death or death, you can file a lawsuit for the wrongful death. In these claims you’re entitled to the same amount you would have received in a survival lawsuit as well as punitive damages.

In a majority of states, there are limits on what you can claim when you file a claim for malpractice. The caps differ by state and typically apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can wait before filing a lawsuit.

Time Limits

As with all lawsuits, there are specific time limits which must be adhered to or the case will be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice lawsuits. The specific time limit is different for each state.

The time limit is complex and it is essential to consult with an attorney right away. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in the court. This process can take months or even weeks.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example, in Pennsylvania patients must submit a claim within two years from the day they were aware of the malpractice, or the date a reasonable person would have recognized that the harm existed. This is known as the discovery rule.

In some states the statutes of limitations begin to expire on the date that the malpractice occurred. This is an issue if the mistake does not trigger any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of the patient following surgery. The patient might not find the foreign object until at least three years after surgery. In this instance the statute of limitations could have begun at the time of the procedure, not necessarily the time of discovery of an error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to clarify the facts of the case. A plaintiff’s expert witness will testify about the doctor’s duty of taking care of the patient and the medical standards applicable to the region and specialty for the type of doctor who has similar qualifications and abilities and the ways in which the defendant departed from the standards. The expert will describe how the defendant’s deviance directly caused the patient’s injury.

The defendant will hire an expert to challenge the plaintiff’s expert, and give their professional opinion regarding whether the doctor’s actions met the guidelines of care. The experts may disagree however the fact-finder determines which expert is the most credible.

It is preferential for the expert to be still working in the medical field since they are more informed about current practice. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also advisable to have an expert who specializes in the field of malpractice. A medical expert who has expertise in treating breast cancer, for instance, can present a an argument convincingly as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which expert witnesses to refer your case.