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How to File a Medical Malpractice Lawsuit

To bring a medical malpractice lawsuit against a doctor or hospital, you must have evidence that the defendant has breached their duty to patients. This can be evidence from hospitals and medical documents.

Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors or other medical professionals in private practice, or staff members at a clinic or hospital.

Negligence

Patients are entitled to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately they aren't always met or even complied with. The results of this breach can be devastating.

A lawsuit may be filed against a medical professional if the patient is injured or dies as a result of the negligence of the doctor. To have a valid claim, the patient must prove that there are four legal elements in place such as breach of duty, causation, and damages.

Malpractice is defined as an act or omission committed by the physician that goes against the accepted norms of practice in the medical community, and can cause injury to the patient. It is an aspect of tort law, which deals with civil wrongs that are not legally binding or criminal in nature.

Medical negligence differs from normal negligence because the injured party must prove that the physician was aware that their actions could cause harm in order to assert malpractice, however normal negligence does not. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not negligence. This is because the surgeon didn't intend to harm anyone.

In the case of medical negligence, the defendant's duty is to provide the patient with the standard of care that a reasonably knowledgeable health professional with similar experience and education could provide in similar situations. The breach of duty is important because it shows that the negligent act caused the injury.

Damages

The damages you incur in a case of malpractice are in relation to the losses you suffered due to the negligence of a doctor. This can include both financial losses, including future medical costs, and non-economic damages such as pain and discomfort.

To recover damages, it is essential to show that a doctor has violated the law and that his violation of the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.

Some of these losses are evident like when your doctor made a mistake that led to an infection or medical condition that required additional treatment in the aftermath. Other damages are less readily apparent, such as when your doctor is unable to diagnose you correctly, and you aren't able to receive the right treatment.

If a medical professional's negligence causes your death or death, you can file a lawsuit for wrongful death. In these cases you are entitled to all the benefits you could have gotten in a survival lawsuit, plus punitive damages.

In many states, there are limits to the amount you can recover in a legal case. The caps differ by state and typically apply to both economic and non-economic damages. Some states have laws that limit the length of time you have to wait before filing an action.

Time Limits

As with all lawsuits there are certain deadlines to be adhered to or the case could be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the occurrence of medical malpractice. The timeframe for filing a malpractice lawsuit is determined by the state.

The time period can be complex and it is essential to speak with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be accepted in the court. This stage takes weeks or even months.

Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is altered. In Pennsylvania patients are entitled to two years from the date when they first discovered the error. This is called the discovery rule.

In certain states the statutes of limitation begin to run on the date on which the medical error occurred. This can be problematic if the medical error does not cause immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object foreign to the body after surgery. The patient might not be aware of the foreign object until at least three years after surgery. In this instance the statute of limitations could have been running from the date of surgery, not the moment of discovery.

Expert Witnesses

Many medical malpractice lawyer cases depend on expert witnesses to help present the facts of the case. A plaintiff's expert will testify regarding the duty of the doctor towards the patient, the medical guidelines for doctors with similar qualifications in the same area and attorneys field, and the ways in which the defendant departed from the standard. The expert will then describe how the deviation directly caused the patient's injury.

The defendant will engage an expert to challenge the plaintiff's expert, and give their professional opinion regarding whether the doctor was in compliance with the guidelines of care. It is normal for experts to differ with each however the factfinder determines who is the most trustworthy based on their education and experience.

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

It is also recommended to choose an expert with expertise in the field of malpractice. For example an expert in medicine who is knowledgeable about treating breast cancer can provide an argument that is more convincing about the reason for the plaintiff's injury. A medical malpractice attorney in Ocala will know the best experts to talk to.