How to File a Medical Malpractice Lawsuit

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

Our attorneys are experienced at deposing witnesses in a professional manner. These may be doctors or other medical professionals working in private practice, or employees at a clinic or hospital.

Negligence

When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately the standards aren't always adhered to or even observed. The results of this breach could be devastating.

When someone suffers injury or death as a result of a physician's negligence, they can pursue a lawsuit against the medical professional. To have a legitimate claim, the injured patient must prove that four legal elements are present such as breach of duty, causation and damages.

Malpractice can be defined as an act committed by the doctor that is against the accepted norms of the medical field and can cause injury to a patient. It is a section of tort law that is concerned with civil wrongs, not criminal offenses or contractual obligations.

Medical negligence differs from regular negligence in that the person who is injured must prove that the doctor was aware or ought to have known that their actions would cause harm to claim malpractice, but normal negligence does not. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon did not intend to cause harm to anyone.

In the case of medical negligence, the defendant's duty is to treat the patient according with the standard of care a prudent health care professional of similar experience and education would provide in similar circumstances. The breach of duty is important since it establishes that the alleged negligence caused the injury.

Damages

Damages in a malpractice case are determined by the losses you sustained due to the negligence of a physician. This can include both financial losses, such as future medical expenses, as well as non-economic losses like discomfort and pain.

To be able to claim damages, you need to prove that a doctor violated a duty and that his violation of the standard of care led to injuries, and that the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.

Some of these losses are evident for instance, if your doctor made a mistake that led to an illness or other medical issue that required additional treatment as a result. Some damage is more difficult to spot for instance, when a doctor misdiagnoses your condition and you do not receive the correct treatment.

You are able to sue for wrongful-death if your doctor's negligence causes your death. In these claims, you are legally entitled to all the compensation you would have gotten in a survival action, plus punitive damages.

In most states there are limitations on the amount you can recover in a legal case. These caps vary state-to-state and usually apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can delay before filing an action.

Time Limits

As with all lawsuits, there are specific time limits to be adhered to or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six months of the medical malpractice that occurred. The timeframe for filing a malpractice lawsuit varies by state.

The time period can be complex and it is essential to speak with an attorney right away. The law firm will investigate to determine if there was any malpractice and if the case can 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 often altered. For instance in Pennsylvania a patient must submit a claim within two years from the day they discovered the malpractice law firm or when a reasonable individual would have known that the harm existed. This is called the discovery rule.

In some states the statutes of limitations begin to run on the date that the malpractice occurred. This can be an issue if the error doesn't cause immediate symptoms. As an example, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient might not discover the object until three years after the procedure. In that scenario the statute of limitations could have begun to start running from the date of the procedure, not the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to present the facts of the case. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient as well as the standards of medical care in the region and specialty for the type of doctor with similar qualifications and skills and the ways the defendant's actions were in violation of those standards. The expert will describe why the defendant's omission directly impacted the patient's injuries.

The defendant will hire a professional to counter the plaintiff’s expert, and offer their professional opinion on whether the doctor was in compliance with the requirements of medical care. Experts could differ but the fact-finder will decide which expert is most credible.

It is recommended for the expert to be still working in the medical field since they are more informed about current practice. Jurors and judges typically find practicing professionals more credible than experts who rely solely on the testimony of a court.

It is also recommended to hire an expert who has specialized in the field of malpractice. A medical expert who has experience treating breast cancer, for instance, can present a an argument convincingly as to the reason for an injury. A knowledgeable Ocala medical malpractice attorney will be aware of which expert witnesses to refer your case.