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 medical and hospital documents.
Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors or other medical professionals who are in private practice, or working at a hospital or clinic.
Negligence
If a patient is seen by a doctor or hospital professional and receives medical care, they are entitled certain standards of medical care. Unfortunately these standards aren't always met or even complied with. The consequences of this breach can be devastating.
A lawsuit can be brought against a medical professional if a patient is injured or suffers a death due to the negligence of the doctor. To have a valid case the injured person must establish four legal elements including breach of duty and causation and damages.
Malpractice is defined as an act or omission by medical professionals that is contrary to the accepted norms of practice in the medical community, and inflicts harm on the patient. It is a subset of tort law that addresses civil wrongs that are not contractual duties or criminal offenses.
Medical negligence is different from regular negligence in that the injured party has to demonstrate that the doctor knew, or should have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence is not a requirement. For example an surgeon who accidentally nicks a nerve or vein during surgery could be found guilty of negligence but not malpractice since the doctor didn't intend to cause harm.
In a medical malpractice case the defendant is under the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with the same expertise and training in similar circumstances would provide. The breach of this duty is a critical element since it proves that the alleged negligent behavior caused the injury.
Damages
Damages in a malpractice case are based on the losses you suffered as a result of a doctor's negligence. This can include both financial losses, such as future medical costs, and non-economic damages such as pain and discomfort.
To recover damages, you must prove that the doctor violated a duty of care, that the physician's deviation from that standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses are evident, such as if your doctor made a mistake that led to an infection or other medical complications, and you needed additional treatment due to the result. Other damages are less readily evident, for instance, if your doctor misdiagnoses you, and you aren't able to receive the appropriate treatment.
If your doctor's malpractice results in your death and you are unable to sue, you may be able to sue for wrongful death. In these claims, you are legally entitled to all the compensation you would have received in a survival lawsuit as well as punitive damages.
In the majority of states, there is a limit on what you can claim in a lawsuit for malpractice. These limits vary from state to state and typically apply 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 could be barred. Generally speaking, a medical
malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The specific time limit differs by state.
The time limit can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if there was any malpractice and if the case will be heard in court. This phase can last for months or weeks.
Medical malpractice cases have different laws than other types of cases, and typically, the statute of limitations is modified. In Pennsylvania patients are entitled to two years from the time that they realized the malpractice. This is known as the discovery rule.
In other states the statute of limitations begins at the time the
malpractice lawyers occurred. This can be an issue when the mistake doesn't immediately cause symptoms. Imagine, for instance, that a doctor has negligently left a foreign body in the body of the patient following surgery. The patient may not be aware of the object until three years after the procedure. In this scenario, the statutes of limitations may have started at the time of surgery rather than the discovery of error.
Expert Witnesses
Many medical malpractice cases depend on expert witnesses to present the facts of the case. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of taking care of the patient, the medical standards in the region and specialization for the type of doctor who has similar qualifications and abilities and the manner in which the defendant's actions were in violation of the standards. The expert will then explain how the deviance directly led to the injury suffered by the patient.
The defendant will employ a professional to counter the plaintiff’s expert, and give their professional opinion about whether the doctor was in compliance with the requirements of medical care. Experts may differ, but the fact-finder decides which expert is most trustworthy.
It is recommended for the expert to continue working in the medical profession since they are more knowledgeable about the current practices. Judges and jurors often believe that practicing professionals are more credible than experts whose only source of income is a testimony in court.
It is also preferable to use an expert witness that is specialized in the area of the legal malpractice. A medical professional with expertise in treating breast cancer, for instance, could present a a convincing argument as to the reason for an injury. A medical malpractice lawyer in Ocala will know which experts to speak with.