How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant has violated his or her duty to patients. This evidence could include medical and hospital documents.

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

Negligence

Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately, in some cases these standards are not met or are even violated. The consequences of this breach can be devastating.

When someone is injured or death as a result of a physician's negligence, they can file a lawsuit against the medical professional. To have a valid claim, the patient must prove that four legal elements exist in the case: breach of duty, causation and damages.

malpractice lawyers can be defined as an action by doctors that goes against the norms of the medical field and can cause harm to a patient. It is a subset of tort law, which deals with civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence is distinct from regular negligence because the injured party must prove that the physician knew or should have known that their actions could cause harm to prove malpractice, whereas normal negligence does not. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to hurt anyone.

In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient in line with the standard of care a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is important because it demonstrates that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered due to a physician's negligence. This can include both financial losses, such as the costs of future medical treatment, and non-economic losses like suffering and pain.

To recover damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from the standard of care caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that resulted in an infection or medical condition that required additional treatment because of it. Certain damages are more difficult to spot like when a doctor misdiagnoses your condition and you cannot get the right treatment.

You may sue for wrongful deaths in the event that your doctor's negligence results in your death. You may be able to claim punitive damages in addition to the money you'd get in a lawsuit for survival.

In most states, there are limits to the amount you can recover in a legal case. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that limit the time you have to wait to start a lawsuit.

Time Limits

As with all lawsuits, there are time limits which must be adhered to, or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical malpractice arising. The time limit differs by state.

It is crucial to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if malpractice has occurred and if it will be able to stand in court. This process takes several weeks or even months.

Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is changed. For instance in Pennsylvania a patient must file a claim within two years from the date they discovered the malpractice lawyer or that a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In some states, the statutes of limitations begin to run on the date that the medical error occurred. This could be an issue if the medical malpractice does not cause any immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient may not be aware of the object until three years after the surgery. In this instance the statute of limitations may have started running from the date of the procedure, not necessarily the moment of identifying the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to present the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of providing medical care to the patient and the medical standards for the area and in the specialty of that type of physician who has similar qualifications and abilities and the ways in which the defendant violated those standards. The expert will explain how the deviation directly contributed to the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion about whether the doctor's actions met the standards of care. The experts could disagree however the fact-finder determines which expert is most trustworthy.

It is better for the expert to working in the medical field as they will have a better understanding of current practices. Jurors and judges typically consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also beneficial to have an expert witness that is specialized in the area of the malpractice. For instance a medical professional who is knowledgeable about treating breast cancer can provide an argument more convincing regarding the cause of an injury suffered by a plaintiff. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to consult for your case.