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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This evidence could be a medical and hospital records.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

When a patient visits a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately they aren't always met or even complied with. The results of this breach could be devastating.

When someone is injured or death due to a doctor's negligence, they can sue the medical professional. To have a valid case the injured person must prove four legal elements that include breach of duty, breach of duty, causation and Malpractice damages.

Malpractice is defined as an act by an individual doctor that is not in line with the accepted norms within the medical community and causes injury to the patient. It is a section of tort law that addresses civil wrongs and not criminal offences or contractual obligations.

Medical negligence is distinct from regular negligence in that the injured party has to demonstrate that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice attorneys. 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 negligence. This is because the doctor didn't intend to harm anyone.

In a case of medical malpractice the defendant is under an obligation to treat the patient according to the standard of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances could provide. The breach of duty is important because it shows that the negligent act caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses caused by a doctor's negligence. This can include both financial losses, such as future medical costs, as well as non-economic damages such as discomfort and pain.

To recover damages, you have to prove that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted in a matter of minutes, for instance when a mistake made by a doctor led to an infection, or other medical issue that required further treatment. Other damages aren't as apparent, such as when your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. You can claim punitive damages in addition to the money you'd get in a lawsuit for survival.

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

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case could be thrown out. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The exact time frame varies by state.

It is essential to speak with an attorney as soon as you can. The law firm will investigate to determine if there was malpractice and if the case could stand up in the court. This phase can last for weeks or months.

Medical malpractice cases are governed by different laws than other types of cases, and typically, the statute of limitations is extended. For instance in Pennsylvania the patient must make a claim within two years from the date they discovered the malpractice or that a reasonable person would have known that the harm existed. This is known as the discovery rule.

In certain states the statutes of limitation begin to run on the date when the malpractice occurred. This can be an issue if the error doesn't immediately cause symptoms. Imagine, for instance that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient may not discover the foreign object until three or more years after the surgery. In this instance the statute of limitations could have started at the time of the procedure, not necessarily the discovery of error.

Expert Witnesses

A lot of medical malpractice cases rely on experts to explain the facts of the case. The expert of the plaintiff will testify about the doctor's duty to the patient, the medical requirements for doctors who have similar qualifications in the field and malpractice field, and the ways that the defendant's actions were contrary to those standards. The expert will then explain how the departure directly caused the patient's injury.

The defendant will hire an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor met the standards of care. It is common for the experts to disagree with one however the factfinder determines who is the most trustworthy based on their education and experience.

It is more beneficial for the expert to working in the medical field because they'll have more knowledge of the current practice. Judges and jurors typically find practicing professionals more credible than experts whose sole source of income is a testimony in court.

It is also better to choose an expert who is specialized in the area of malpractice. A medical expert who has experience treating breast cancer, for example, can make an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.