How to File a Medical Malpractice Lawsuit

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

Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors, other medical professionals in private practice, or employees at a hospital or clinic.

Negligence

If a patient is seen by a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately, these standards are not always met or even complied with. This breach could have devastating results.

When someone is injured or death as a result of a physician's negligence, they could sue the medical professional. To have a valid claim, the patient must prove that four legal elements exist such as breach of duty, causation, and damages.

Malpractice is defined as the act or firm omission of a physician that deviates from the accepted norms of practice in the medical community, and results in injury to the patient. It is an aspect of tort law that deals with civil wrongs that do not fall under legally binding or criminal in nature.

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

In an instance of medical malpractice the defendant's responsibility is to provide the patient with the standards of care that a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The violation of this duty is a crucial aspect since it shows that the alleged negligent behavior caused the injury.

Damages

The damages you incur in a case of malpractice are dependent on the losses you have suffered as a result of the negligence of a physician. These could include both financial loss such as the costs of future medical treatment and non-economic losses, like suffering and pain.

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

Some of these losses are obvious for instance, if your doctor made an error firm that led to an infection or other medical problem and you required further treatment as a result. Some damages are more difficult to detect in the event that the doctor is unable to diagnose your condition and you are unable to receive the right treatment.

If the negligence of your doctor causes you to die then you can sue for the cause of death. In these cases you are entitled to all the benefits you would have received in a survival case and punitive damages.

In the majority of states, there are limits on what you can claim in a malpractice claim. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the time you can delay before filing an action.

Time Limits

As with any lawsuit there are deadlines that must be adhered to, or the case may be barred. A malpractice law firm suit must typically be filed between two and six years following the time when the mishap occurred. The deadline for filing a malpractice lawsuit varies from state to state.

The time limit is complex and it is essential to consult with a lawyer immediately. The law firm will conduct an investigation to determine whether a mistake was committed and if it could hold up in 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 often altered. In Pennsylvania, a patient has two years from the time that they realized the malpractice. This is known as the discovery rule.

In other states the statute of limitations starts at the time the malpractice occurred. This is problematic if the act does not immediately cause symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient might not discover the object until three years after the procedure. In that case the statute of limitation might have started to expire from the date the surgery, not from the moment the error was discovered.

Expert Witnesses

Many medical malpractice cases rely on expert witnesses to help present the facts of the case. An expert witness for the plaintiff will testify about the doctor's duty of care to the patient and the medical standards for the area and in the specialty of this type of doctor with similar qualifications and skills and the ways the defendant's actions were in violation of the standards. The expert will explain how the deviation directly led to the injury of the patient.

The defendant will employ an expert to challenge the plaintiff's expert and offer their professional opinion on whether the doctor met the standard of care. It is not uncommon for experts to differ with each other, but the fact finder decides who is the most trustworthy on their expertise and experience.

It is more beneficial for the expert to still be working in the medical field because they'll have greater understanding of current practice. Judges and jurors are likely to consider professionals who are practicing more credible than experts who solely rely on court testimony.

It is also advisable to get an expert witness who has expertise in the field of negligence. A medical expert who has expertise in treating breast cancer, for instance, could present a an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to speak with.