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How to File a Medical Malpractice Lawsuit

In order to bring a medical malpractice lawsuit against a physician or hospital, you must have evidence that the defendant has violated their duty to patients. This evidence could include hospital and medical records.

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

Negligence

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

A lawsuit can be filed against a medical professional when patients are injured or dies as a result of the negligence of that doctor. To be able to file a valid lawsuit, an injured patient must establish four legal elements: duty, breach, damages and causation.

Malpractice is described as an act performed by the doctor that is against the accepted norms of the medical profession and causes injury to patients. It is a section of tort law, which is concerned with civil wrongs not criminal offenses or contractual duties.

Medical negligence is distinct from regular negligence in that the injured party must demonstrate that the doctor was aware, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn’t intend to hurt anyone.

In a medical concord malpractice lawyer case the defendant is bound by an obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances would provide. The breach of this duty is an essential element since it proves that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of malpractice are in relation to the losses you have suffered due to the negligence of a doctor. They can be a combination of financial loss such as the cost of future medical care as well as non-economic losses such as pain and suffering.

To claim damages, you must show that the doctor did not fulfill a duty of care, that the doctor’s deviation from that standard caused injury, and the injury caused quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that caused an infection or other medical complications and you needed to seek additional treatment because of it. Certain damages are more difficult to detect for instance, when an expert misdiagnoses your illness and you are unable to receive the correct treatment.

If the negligence of your doctor causes you to die or death, you can file a lawsuit for the wrongful death. In these cases, you are entitled to the same amount you would have gotten in a survival case, plus punitive damages.

In most states there are limitations on the amount you can recover in a legal case. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

As with all lawsuits, there are specific deadlines that must be followed or the case could be barred. A malpractice suit must typically be filed between two and six years following the time when the mishap occurred. The timeframe for filing a lawsuit differs by state.

The time limit can be complicated and it is important to consult an attorney right away. The law firm will conduct an investigation to determine if there was malpractice and whether the case will stand up in court. This phase can last for up to a few weeks or even months.

Medical malpractice cases involve different laws than other types of cases, and the statute of limitations is altered. In Pennsylvania, a patient has two years from the time that they discovered the negligence. This is called the discovery rule.

In other states, the statute of limitations starts at the time the malpractice occurred. This is a problem when the malpractice does not immediately cause symptoms. For instance, suppose that the doctor is negligently leaving an object that is foreign in the body following surgery. The patient may not discover the foreign object until three or more years after the surgery. In this scenario the statute of limitations could have started in the year following the date of surgery, not the discovery of error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to explain the facts of the case. An expert witness for the plaintiff will provide testimony regarding the doctor’s duty of treating the patient with respect and the medical standards for the region and specialty for doctors who has similar qualifications and abilities and the ways the defendant deviated from the standards. The expert will also explain how the defendant’s departure directly impacted the victim’s injury.

The defendant will engage a professional to counter the plaintiff’s expert, and offer their professional opinion as to whether the doctor’s actions met the guidelines of care. It is common for experts to disagree with one other, but the fact finder determines who is the most trustworthy based on their education and experience.

It is preferential for an expert to be working in the medical field, as they will have a better knowledge of current practices. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also preferable to get an expert witness who has expertise in the area of the malpractice. A medical professional who has experience treating breast cancer, for instance, can present a a convincing argument as to the cause of an injury. A medical malpractice attorney in Ocala will know the best experts to ask.