You'll Never Guess This Malpractice Case's Secrets

How to File a Medical Malpractice Lawsuit

In bringing a medical malpractice suit against a hospital or doctor must prove that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical documents.

Our lawyers are skilled at taking depositions that are effective for witnesses. They could be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.

Negligence

When a patient visits a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some cases these standards are not met or are even breached. The consequences of this breach could be devastating.

A lawsuit can be brought against a medical professional when an injured patient dies as a result of the negligence of that doctor. In order to have a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.

Malpractice is defined as an act committed by the doctor that is against the norms of the medical community and causes harm to patients. It is a subset of tort law, which deals with civil wrongs that aren't contraindicated by law or are criminal offenses.

Medical negligence is different from normal negligence in that the victim must demonstrate that the doctor was aware, or should have known that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For instance an surgeon who accidentally cut a vein or nerve during surgery could be found negligent, but not malpractice because the surgeon did not intend to cause harm.

In a medical malpractice lawsuit, the defendant has a legal obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with the same expertise and training in similar circumstances could provide. The breach of duty is crucial because it demonstrates that the alleged negligent conduct caused the injury.

Damages

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

To recover damages, it is essential to establish that a doctor acted in violation of the law and that his violation of the standard of care caused injuries, and the damage caused financial harm that was quantifiable. This is a difficult legal analysis that usually requires expert witness testimony.

Some of these losses are evident, such as if your doctor made an error that led to an illness or other medical issue, and you needed additional treatment due to the result. Certain damages are more difficult to identify like when a doctor misdiagnoses your condition and you don't receive the correct treatment.

If a doctor's error leads to your death then you can sue for wrongful death. In these cases, you are entitled to all the benefits you would have gotten in a survival action, plus punitive damages.

In most states, there is a limit to the amount you can get when you file a claim for malpractice. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states also have rules that restrict the length of time you have to wait to file a lawsuit.

Time Limits

Like any lawsuit, there are deadlines that must be observed or the case could be dismissed. A malpractice lawsuit must generally be filed between two and six years after the incident occurred. The deadline for filing a malpractice lawsuit varies from state to state.

It is essential to speak with an attorney as soon as you can. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will be found to be valid in court. This stage can take months or even weeks.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is modified. For example in Pennsylvania the patient must submit a claim within two years from the date they were aware of the malpractice, or the date a reasonable person should have realized the injury existed. This is called the discovery rule.

In some states, the statutes of limitations begin to run on the date the medical error occurred. This could be problematic if the act does not immediately trigger symptoms. For instance, suppose that doctors mistakenly leave 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 that situation the statute of limitations could have run from the date of the surgery instead of the discovery of the error.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify about the doctor's duty to the patient, medical standards for physicians with similar qualifications in the area and specialization, and the ways in which the defendant departed from the standard. The expert will also explain why the defendant's omission directly impacted the victim's injury.

The defendant will engage an expert to challenge the plaintiff’s expert, and provide their professional opinion as to whether the doctor's actions met the standards of care. Experts may differ but the fact-finder is the one who decides which expert is most reliable.

It is better for an expert to be working in the medical field because they will have more knowledge of the 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 use an expert witness that is specialized in the field of malpractice law firms. A medical expert with had experience treating breast cancer for instance, can provide an argument that is convincing regarding the cause of an injury. A medical malpractice lawyer in Ocala knows which experts to ask.