How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This could include hospital and medical documents.

Our lawyers have years of experience in conducting effective depositions. They could be doctors or other medical professionals working in private practice, or even staff members at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional they are entitled to certain standards of medical care. In some instances, these standards are not met or are even violated. This breach could have devastating consequences.

When someone suffers injury or death as a result of a doctor's negligence, they can bring a lawsuit against the medical professional. In order to file a valid claim, the injured patient must demonstrate that there are four legal elements in place which include breach of duty, causation and damages.

Malpractice is defined as an act by doctors that goes against the accepted norms of the medical community and causes injury to a patient. It is a part of tort law, which is concerned with civil wrongs but not criminal or contractual obligations.

Medical negligence differs from regular negligence because the victim must show that the doctor knew or should have known that their actions could cause harm to claim malpractice, but normal negligence is not required. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence, but not negligence. This is because the doctor didn't intend to hurt anyone.

In a medical malpractice law firm lawsuit the defendant has a duty to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with comparable experience and training in similar situations would provide. The violation of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are in relation to the losses you sustained as a result of the negligence of a physician. This could include financial losses, like future medical costs, and non-economic damages such as pain and discomfort.

In order to recover damages, you need to establish that a doctor acted in violation of the law, that his deviation from the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses can be identified immediately, for instance an error malpractice by a doctor resulted in an infection or other medical complications that required additional treatment. Other damage isn't as apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to receive the right treatment.

If your doctor's malpractice leads to your death and you are unable to sue, you may be able to sue for wrongful death. In these claims, you are entitled to all the benefits you would have received in a survival lawsuit and punitive damages.

In a majority of states, there are limitations on what you can claim in a malpractice claim. The caps differ from state to state, malpractice and are typically applicable to both financial and other damages. Some states also have rules that limit the time it takes to bring a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to or the case could be barred. A malpractice suit must typically be filed between two and six years after the act occurred. The exact time frame is determined by the state.

It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will be heard in court. This stage can take weeks or even months.

Medical malpractice cases are subject to different laws and the statute of limitation is often altered. For instance, in Pennsylvania the patient has to file a claim within 2 years from the date they were aware of the malpractice, or the date a reasonable person could have realized that the injury existed. This is referred to as the discovery rule.

In other states the statute of limitations begins to run from the date the malpractice occurred. This is a problem when the malpractice doesn't immediately cause symptoms. Imagine, for example, that a doctor has negligently left a foreign object in the patient's body after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In this situation the statute of limitations could have begun in the year following the date of the procedure, not necessarily the moment of discovery.

Expert Witnesses

Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify about the doctor's duty to the patient, the medical standards for physicians who have similar qualifications in the field and specialization, and the ways in which the defendant departed from the standard. The expert will describe how the defendant's departure directly impacted the patient's injuries.

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

It is recommended for the expert to be still working in the medical profession since they are more knowledgeable about the current practices. Jurors and judges often believe that practicing professionals are more credible than experts whose only source of income is testimony in court.

It is also beneficial to hire an expert with expertise in the area of malpractice. For example an expert in medicine who is well versed in treating breast cancer could make a a more convincing argument about the cause of the plaintiff's injury. A medical malpractice lawyer in Ocala will know which experts to talk to.