How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a hospital or doctor must prove that the defendant breached his or her obligation to patients. This evidence may include hospital and medical documents.

Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals who are in private practice or staff at a clinic or hospital.

Negligence

If a patient is seen by a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not met, or even violated. The consequences of this breach could be devastating.

A lawsuit may be filed against a medical professional if an injured patient dies due to the malpractice of that doctor. In order to have a valid claim, the injured patient must prove that there are four legal elements present such as breach of duty, causation and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms of the medical community and causes harm to the patient. It is a section of tort law that addresses civil wrongs, not criminal offenses or contractual obligations.

Medical negligence is different from normal negligence in that the victim has to demonstrate that the doctor was aware, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For example, a surgeon who accidentally cut a vein or nerve during surgery could be in the wrong of negligence, but not malpractice because the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to provide the patient with the standards of care a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is important since it establishes that the negligent act caused the injury.

Damages

The damages in a malpractice case are determined by the losses you suffered as a result of a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages like discomfort and pain.

To be able to claim damages, you must prove that the doctor violated a duty of care, that the physician's deviation from the norm resulted in injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are obvious like when your doctor made an error that resulted in an infection or other medical problem and you needed to seek additional treatment in the aftermath. Other damages aren't as obvious, for instance if your doctor misdiagnoses you and you're unable to receive the right treatment.

You can sue wrongful death in the event that your doctor's negligence results in your death. In these cases, you are entitled to everything you could have gotten in a survival action in addition to punitive damages.

In most states there are limits to the amount you can recover in a legal case. These caps vary by state, and often apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years from the occurrence of medical malpractice. The deadline varies according to state.

It is crucial 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 court. This process takes months or weeks.

Medical malpractice cases have different laws than other types of cases and often the statute of limitations is altered. In Pennsylvania the patient is entitled to two years from the time when they first discovered the negligence. This is known 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 medical error doesn't cause immediate symptoms. As an example, suppose a doctor negligently leaves an object foreign to the body after surgery. The patient might not find the object until three years after the surgery. In this case the statute of limitations might have started to start running from the date of the procedure, not the time of discovery of the error.

Expert Witnesses

Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor's duty of taking care of the patient, the medical standards in the area and in the specialty of doctors who has similar qualifications and abilities and the ways the defendant departed from those standards. The expert will explain how the deviance directly caused the patient's injury.

The defendant will employ an expert to challenge the plaintiff's expert and then provide their professional opinion as to whether the doctor's treatment was consistent with standards of care. Experts could differ however the fact-finder determines which expert is most credible.

It is recommended for the expert to continue working in the medical field because they are more knowledgeable about the current practices. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely solely on the testimony of a court.

It is also advisable to use an expert witness that is specialized in the area of the malpractice. A medical expert who has expertise in treating breast cancer, for example, can make a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know what experts to speak with.