How to File a Medical Malpractice Lawsuit In bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This could include hospital and medical records. Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors, other medical professionals working in private practice, or staff members at a hospital or clinic. Negligence Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately these standards aren't always met or even complied with. This can lead to devastating consequences. A lawsuit may be filed against a medical professional when patients are injured or dies due to the malpractice of that doctor. In order to have a valid claim, the injured patient must prove that there are four legal elements present such as breach of duty, causation, and damages. Malpractice is defined as an act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical community, and inflicts harm on the patient. It is a component of tort law that addresses civil wrongs but not criminal or contractual duties. Medical negligence is different from regular negligence in that the person who is injured must prove that the doctor knew or should have known that their actions would cause harm to claim malpractice, but normal negligence does not. For instance the surgeon who creates a cut on a vein or nerve during surgery is in the wrong of negligence, but not malpractice because the doctor didn't intend to cause harm. In a medical malpractice case the defendant's obligation is to treat the patient according with the standard of care a competent health professional with similar experience and qualifications could provide in similar situations. The violation of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury. Damages The damages you incur in a case of malpractice are in relation to the losses you sustained due to the negligence of a physician. This can include both financial loss, like the cost of future medical expenses, and non-economic losses like suffering and pain. To recover damages, you must prove that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care caused injury, and that this injury resulted in quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony. Certain of these losses can be seen immediately, for example the case where a doctor's error resulted in an infection or other medical issues that required further treatment. Other losses are not as obvious, for instance if your doctor has misdiagnosed you and you are unable to receive the right treatment. You can sue wrongful death in the event that a negligent doctor causes your death. In these cases you're entitled to everything you could have gotten in a lawsuit for survival, plus punitive damages. In many states, there are limitations on the amount you can recover in a malpractice case. The caps differ by state and typically apply to both economic and non-economic damages. Some states also have rules that limit the time you have to wait to file a lawsuit. Time Limits Like any lawsuit, there are time limits which must be observed or the case could be dismissed. A malpractice lawsuit should generally 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. It is important to consult an attorney as soon as possible. The law firm will investigate to determine if there was malpractice and if the case could stand up in court. This phase can last for weeks or even months. Medical malpractice cases are governed by different laws and the statute of limitations is usually modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they realized the error. This is known as the discovery rule. In other states the statute of limitations begins at the time the malpractice occurred. This can be an issue if the error doesn't cause immediate symptoms. Imagine, for example, that a doctor mistakenly left a foreign body in the body of a patient following surgery. The patient may not discover the foreign object until at least three years after surgery. In that case, the statute of limitations could have begun to begin running from the date of the procedure instead of the time of discovery of the error. Expert Witnesses Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify about the duty of the doctor towards the patient, medical standards for doctors who have similar qualifications in the same area and specialty and the ways that the defendant's actions were contrary to the standard. The expert will explain why the defendant's omission directly caused the injury to the patient. The defendant will employ a professional to counter the plaintiff's expert, and then provide their professional opinion regarding whether the doctor's treatment was consistent with guidelines of care. Experts may differ but the fact-finder is the one who decides which expert is most trustworthy. It is better for an expert to be working in the medical field, as they will have a better knowledge of current practices. Judges and jurors typically find practicing professionals more credible than experts whose only source of income is a testimony in court. It is also beneficial to choose an expert with expertise in the field of malpractice. A medical expert with prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the cause of an injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to call for your case.