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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice suit against a doctor or a hospital it is necessary to prove that the defendant has breached their duty towards patients. This evidence could include hospital and medical records.

Our lawyers have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals who are working in private practice or are employed at a hospital or clinic.

Negligence

If a patient is seen by a doctor or hospital professional they are entitled to certain standards of medical treatment. Unfortunately, in some cases these standards are not met, or even breached. The results of this breach could be devastating.

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

Malpractice can be described as an act performed by an individual doctor that is not in line with the accepted norms in the medical profession and causes harm to a patient. It is a component of tort law that addresses civil wrongs, not criminal offenses or contractual duties.

Medical negligence is distinct from normal negligence in that the party who suffers has to prove that the doctor knew, or ought to have known that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn’t. A surgeon who accidentally cuts or nicks the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the surgeon didn’t intend to hurt anyone.

In a medical malpractice 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 experience and education in similar circumstances would offer. The breach of duty is important because it shows that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are determined by the losses you sustained due to negligence by a doctor. This can include both financial losses, including future medical costs, as well as non-economic damages such as pain and discomfort.

In order to recover damages, it is essential to prove that a doctor violated the duty of care, that his deviation from the standard of care led to injury, and the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses can be spotted immediately, for example when a mistake made by a doctor led to an infection, or other medical issue that require additional treatment. Certain damages are more difficult to spot in the event that a doctor misdiagnoses your condition and you don’t receive the right treatment.

If a medical professional’s negligence causes you to die then you can sue for the cause of death. You may seek punitive damages in addition to the money you’d get in a lawsuit for survival.

In a majority of states, there are limitations on what you can receive in a lawsuit for malpractice. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit the length of time you can delay before filing an action.

Time Limits

As with all lawsuits, there are deadlines that must be observed or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a malpractice lawsuit differs by state.

The time period can be complicated and it is important to consult an attorney immediately. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be able to stand in court. This process takes months or weeks.

Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the date that they realized the negligence. This is known as the discovery rule.

In some states the statutes of limitations begin to run on the date when the medical error occurred. This can be an issue if the medical error does not cause immediate symptoms. For instance, suppose that a doctor negligently leaves a foreign object in the body after surgery. The patient may not discover the foreign object until three or more years after surgery. In this situation the statute of limitations may have started beginning from the date of surgery, not the discovery of error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. The expert of the plaintiff will testify about the duty of the doctor to the patient, the medical standards for doctors who have similar qualifications in their area and specialty and the ways the defendant deviated from the standards. The expert will also explain how the deviance directly contributed to the injury of the patient.

The defendant will hire a professional to counter the plaintiff’s expert, and provide their professional opinion about whether the doctor’s treatment was consistent with guidelines of care. Experts may differ but the fact-finder is the one who decides which expert is the most trustworthy.

It is preferential for the expert to remain working in the medical field since they are more informed about current practice. Jurors and judges typically believe that practicing professionals are more credible than experts whose sole source of income is a testimony in court.

It is also advisable to have an expert witness who has expertise in the area of the negligence. A medical expert who has had experience treating breast cancer for instance, could present a a convincing argument as to the reason for an injury. A seasoned Ocala medical malpractice lawyer will know which expert witnesses to contact for your case.