How to File a Medical Malpractice Lawsuit

In order to bring an action for medical malpractice against a doctor or hospital you must establish that the defendant has breached their obligation to patients. This could include medical and hospital documents.

Our lawyers are skilled at conducting effective depositions of witnesses. They may be doctors, other medical professionals who are in private practice or work at a hospital or clinic.

Negligence

When a patient visits a doctor, hospital or health care professional is entitled to certain standards of medical treatment. In some instances, these standards are not being met or even violated. The consequences of this breach could be devastating.

A lawsuit can be brought against a medical professional if the patient is injured or dies because of the negligence of the physician. To be able to make a valid claim, the injured patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation, and damages.

Malpractice can be defined as an act committed by a doctor that is outside the accepted norms within the medical profession and causes harm to patients. It is a subset of tort law, which deals with civil wrongs that do not fall under legally binding or criminal in nature.

Medical negligence is different from regular negligence because the victim must show that the doctor was aware or ought to have known that their actions would cause harm in order to assert malpractice, however normal negligence doesn't. A surgeon who accidentally nicks or cuts a vein or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to cause harm to anyone.

In a medical malpractice case the defendant has a duty to treat the patient according to the standards of care that a reasonably competent healthcare professional with similar knowledge and experience in similar situations would provide. The breach of this duty is a crucial element because it demonstrates that the alleged negligence caused the injury.

Damages

In a case of malpractice damages are calculated based on the amount you've suffered due to a doctor's negligence. This can include both financial losses, like future medical costs, as well as non-economic losses like discomfort and pain.

To claim damages, you must show that the doctor breached the duty of care, that the physician's deviation from that standard resulted in injury, and the injury caused quantifiable financial consequences. This is a difficult legal analysis that typically requires expert witness testimony.

Certain of these losses can be identified immediately, for example the case where a doctor's error caused an infection or other medical complications that required further treatment. Some damage is more difficult to detect, such as when doctors misdiagnose your condition and you don't receive the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. You may be able to claim punitive damages in addition to the money you'd receive in a survival lawsuit.

In the majority of states, there are limitations on the amount you can recover in a legal case. The caps differ from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are time frames that must be observed or the case may be dismissed. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The timeframe for filing a lawsuit is determined by the state.

The time limit can be complicated and it is important to consult with an attorney immediately. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be accepted in the court. This process can take up to a few weeks or even months.

Medical malpractice cases have different laws than other types of cases, and the statute of limitations is extended. For example in Pennsylvania the patient has to file a claim within 2 years from the time they discovered the malpractice or when a reasonable individual would have known that the harm existed. This is referred to as the discovery rule.

In other states the statute of limitations begins at the time the malpractice happened. This could be an issue if the error does not immediately cause symptoms. Imagine, for instance that a doctor erroneously left a foreign body in the body of the patient after surgery. The patient may not be aware of the object until three years after the procedure. In this instance the statute of limitations may have started at the time of the surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help explain the details of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the region and specialization for this type of doctor with the same qualifications and experience and the ways in which the defendant deviated from those standards. The expert will explain the way in which the defendant's actions directly impacted the victim's injury.

The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion on whether or not the doctor met the standards of care. The experts could disagree however the fact-finder determines which expert is most trustworthy.

It is preferential for the expert to continue working in the medical field because they are more knowledgeable about the current practices. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely only on court testimony.

It is also advisable to have an expert witness who is skilled in the field of legal malpractice. For instance a medical professional who is well versed in treating breast cancer could make a an argument more convincing regarding the cause of the plaintiff's injury. A medical malpractice attorney in Ocala knows which experts to ask.