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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 has violated his or her obligation to patients. This could include hospital and medical records.

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

Negligence

Patients have a right to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately they aren't always met, or even violated. The consequences of this breach could be devastating.

A lawsuit can be brought against a medical professional if patients are injured or dies as a result of the negligence of the doctor. To be able to make a valid claim, the injured patient must demonstrate that four legal elements are present which include breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by medical professionals that is contrary to the norms of practice accepted in the medical community, and causes injury to the patient. It is a part of tort law, which covers civil violations, not criminal offenses or contractual obligations.

Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor knew or should have known that their actions could cause harm to assert malpractice, however normal negligence does not. For example a surgeon who accidentally creates a cut on a vein or nerve during surgery is negligent, but not malpractice since the doctor was not aiming to cause harm.

In a lawsuit for medical malpractice the defendant has an obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with comparable experience and training in similar circumstances would provide. The breach of this duty is an essential aspect because it proves that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on your losses due to a physician's negligence. This could include financial losses, such as future medical expenses, as well as non-economic losses like pain and discomfort.

To recover damages, it is necessary to show that a doctor has violated an obligation, that his deviation from the standard of care led to injuries, and that the injury resulted in measurable financial costs. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if a doctor made an error that led to an infection or medical condition and you needed to seek additional treatment due to the result. Certain damages are more difficult to identify, such as when doctors misdiagnose your condition and you don't receive the proper treatment.

If a medical professional's negligence results in your death, you can sue for wrongful death. You can claim punitive damages in addition the compensation you would get in a lawsuit for survival.

In most states there are limits to the amount you can recover in a malpractice case. These limits vary from state to state and are often applicable to both financial and other damages. Some states have laws that limit how long you have to wait before filing a lawsuit.

Time Limits

As with all lawsuits there are certain deadlines that must be followed or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The time limit differs by state.

It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be accepted in the court. This phase can last for several weeks or even months.

Medical malpractice cases are governed by different laws and the statute of limitation is frequently altered. For instance, in Pennsylvania a patient must file a claim within two years from the time they were aware of the malpractice, malpractice or when a reasonable person should have realized the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This can be an issue if the malpractice does not cause any immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign object in the body of the patient following surgery. The patient might not find the foreign object until three or more years after surgery. In this instance, the statutes of limitations could have begun running from the date of the surgery, not the time of discovery of an error.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of taking care of the patient and the medical standards for the area and the specialization for this type of doctor with similar qualifications and expertise and the manner in which the defendant departed from those standards. The expert will also explain how the defendant's deviance directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and then provide their professional opinion regarding whether the doctor's actions met the guidelines of care. It is common for the experts to differ with each other, but the fact finder decides who is the most reliable based on their knowledge and experience.

It is advisable for the expert to be still working in the medical field because they are more knowledgeable about current practice. Judges and jurors are likely to believe that practicing professionals are more trustworthy than those who rely exclusively on court testimony.

It is also beneficial to hire an expert witness who has expertise in the field of malpractice. For example an expert in medical practice who is well versed in treating breast cancer could make a an argument more convincing regarding the reason for an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know what experts to ask.