How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant violated his or her obligation to patients. This evidence can include hospital and medical documents.

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

Negligence

When a patient goes to a doctor or hospital professional and receives medical care, they are entitled certain standards of medical treatment. Unfortunately, in some instances these standards are not adhered to or even violated. The consequences of this breach could be devastating.

When someone suffers injury or death as a result of a doctor's malpractice, they may file a lawsuit against the medical professional. To establish a case the injured person must establish four legal aspects: duty, breach, damages and causation.

Malpractice is defined as an act or omission by the physician that goes against the accepted norms of medical practice in the medical community and can cause injury to the patient. It is a subset of tort law which covers civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence in that the victim must show that the doctor was aware that their actions would cause harm in order to prove malpractice lawyers, whereas normal negligence doesn't. For example the surgeon who creates a cut on a vein or nerve during surgery could be considered negligent, but not malpractice because the doctor didn't intend to cause harm.

In a case of medical malpractice the defendant is bound by a duty to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar knowledge and experience in similar situations would provide. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.

Damages

The damages you incur in a case of malpractice are in relation to the losses you have suffered as a result of a doctor's negligence. This could include financial losses, including future medical costs, as well as non-economic damages like pain and discomfort.

To be able to claim damages, it is necessary to establish that a doctor acted in violation of an obligation, that his deviation from the standard of care resulted in injury, and that the injury resulted in measurable financial costs. This is a complex legal process that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that caused an infection or medical condition, and you needed additional treatment due to the result. Other damage isn't as apparent, such as when your doctor is unable to diagnose you correctly, and you're unable to receive the appropriate treatment.

You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. In these cases you're entitled to the same amount you would have received in a survival action, plus punitive damages.

In most states, there are restrictions to the amount you can get in a malpractice case. These caps differ from state to state and are often applicable to both financial and other damages. Certain states have laws that limit the amount of time you have to wait before filing an action.

Time Limits

As with any lawsuit there are time limits to be adhered to or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the act occurred. The time limit differs by state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in the court. This stage can take weeks or even months.

Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example, in Pennsylvania the patient must make a claim within two years from the date they discovered the malpractice or when a reasonable individual could have realized that the injury existed. This is known as the discovery rule.

In some states the statutes of limitation begin to expire on the date on which the medical error occurred. This is an issue if the error is not immediately causing symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the patient's body after surgery. The patient might not find the object until three years after the surgery. In that scenario the statute of limitation could have begun to expire from the date the procedure, not the time of discovery of the error.

Expert Witnesses

A lot of medical malpractice cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert will testify about the doctor's duty to the patient, the medical standards for physicians with similar qualifications in their area as well as the specific ways that the defendant's actions were contrary to the standard. The expert will also explain how the deviance directly caused the patient's injury.

The defendant will contract an expert to challenge the plaintiff's expert, and provide their professional opinion on whether the doctor was in compliance with the requirements of medical care. The experts could disagree however the fact-finder determines which expert is most trustworthy.

It is more beneficial for the expert to working in the medical field because they will have better understanding of current practices. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.

It is also beneficial to have an expert who is specialized in the field of malpractice. A medical professional who has experience treating breast cancer, for instance, can present a a convincing argument as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which expert witnesses to contact for your case.