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How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant acted in breach of his or her obligation to patients. This could include hospital and medical records.

Our lawyers are adept at deposing witnesses in a professional manner. They could be doctors, other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. However, in a few instances these standards are not adhered to or even breached. This breach can have devastating results.

If someone suffers injury or death as a result of a physician's negligence, they can sue the medical professional. To be able to file a valid lawsuit the patient who has been injured must establish four legal aspects: duty, breach, damages and causation.

Malpractice is defined as an act or omission of medical professionals that is contrary to the norms of practice accepted within the medical profession, and results in injury to the patient. It is a component of tort law, which is concerned with civil wrongs, not criminal offenses or contractual duties.

Medical negligence differs from regular negligence in that the injured party has to demonstrate that the doctor was aware, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. For example the surgeon who nicks a nerve or vein during surgery could be considered negligent, but not malpractice because the doctor didn't intend to cause harm.

In the case of medical negligence the defendant's obligation is to provide the patient with the standards of care that a knowledgeable health professional with similar experience and education could provide in similar situations. The breach of duty is crucial because it proves that the negligence alleged caused the injury.

Damages

In a case of malpractice damages are calculated based upon your losses due to a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages such as pain and discomfort.

To be able to claim damages, it is necessary to show that a doctor has violated the duty of care and that his violation of the standard of care caused injuries, and the damage caused financial harm that was quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be spotted immediately, for example the case where a doctor's error caused an infection or other medical complications that require additional treatment. Other damages are less readily apparent, such as when your doctor is unable to diagnose you correctly, and you are not able to receive the proper treatment.

If your doctor's malpractice causes your death, you can sue for wrongful death. You may seek punitive damages in addition to the money you'd receive in a case of survival.

In many states, there are limits to the amount you can recover in a legal case. These caps vary from state to state, and are typically applicable to both financial and other damages. Some states also have rules that limit the time you have to wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are specific time limits that must be observed or the case could be dismissed. A malpractice lawsuit should generally be filed between two and six years after the malpractice occurred. The timeframe for malpractice filing a lawsuit varies by state.

It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a mistake and if the case can stand up in court. This process can take weeks or even months.

Medical malpractice lawyers cases are subject to different laws and the statute of limitations is usually modified. In Pennsylvania, a patient has two years from the date that they realized the error. This is known as the discovery rule.

In other states, the statute of limitations starts to run from the date the malpractice occurred. This is problematic if the medical error doesn't cause immediate symptoms. Imagine, for example, that a doctor erroneously left a foreign body in the body of the patient following surgery. The patient may not be aware of the object until three years after the procedure. In this situation, the statutes of limitations could have begun running from the date of surgery, not the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases rely on experts to explain the facts of the case. A plaintiff's expert will testify regarding the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the field and field, and the ways in which the defendant's conduct was different from those standards. The expert will explain why the defendant's omission directly caused the patient's injury.

The defendant will hire a professional to counter the plaintiff's expert and then provide their professional opinion as to whether the doctor's treatment was consistent with standards of care. The experts could disagree but the fact-finder will decide which expert is most trustworthy.

It is preferential for the expert to be working in the medical field because they are more informed about current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely only on court testimony.

It is also advisable to get an expert witness who specializes in the field of malpractice. For instance an expert in medicine who is proficient in treating breast cancer can provide an argument more convincing regarding the cause of an injury suffered by a plaintiff. A medical malpractice attorney in Ocala will know which experts to speak with.