How to File a Medical Malpractice Lawsuit Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant violated his or her obligation to patients. This could include hospital and medical records. Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or staff members at a hospital or clinic. Negligence When a patient sees a doctor or hospital professional they are entitled to certain standards of medical care. Unfortunately, in some instances these standards are not being met or even breached. This can cause devastating results. A lawsuit may be brought against a medical professional when patients are injured or dies due to the malpractice of the physician. In order to file a valid claim, the patient must prove that four legal elements are present such as breach of duty, causation and damages. Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medicine in the medical field, and results in injury to the patient. It is an aspect of tort law that addresses civil violations that are not legally binding or criminal in nature. Medical negligence differs from normal negligence in that the injured party has to prove that the doctor knew, or ought to have known that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence does not. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence but not malpractice. This is because the surgeon didn't intend to hurt anyone. In a medical malpractice case the defendant's obligation is to treat the patient according with the standards of care that a reasonably prudent health care professional of similar experience and expertise would offer in similar circumstances. The breach of duty is crucial since it establishes that the negligence alleged 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 loss, like the costs of future medical treatment as well as non-economic losses like suffering and pain. To recover damages, you have to prove that the doctor breached a duty of care, that the physician's deviation from the standard caused injury, and that the injury was measurable in terms of financial consequences. This is a complex legal analysis, which usually requires expert witness testimony. Some of these losses are obvious, such as if your doctor made an error that caused an infection or other medical problem and you needed to seek additional treatment as a result. Certain damages are more difficult to detect like when doctors misdiagnose your condition and you don't receive the proper treatment. You are able to sue for wrongful-death in the event that your doctor's negligence results in your death. You may seek punitive damages in addition the compensation you'd get in a lawsuit for survival. In many states, there are limits on the amount you can recover in a legal case. These caps vary from state to state and are generally applicable to both economic and other damages. Certain states also have rules that limit the time you have to wait to start a lawsuit. Time Limits As with any lawsuit there are time limits that must be observed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years following the time when the mishap occurred. The exact time frame varies by state. The time period can be complicated and it is important to consult a lawyer right away. The law firm will investigate to determine if there were any mistakes and if the case can stand up in court. This phase can last for several weeks or even months. Medical malpractice cases are subject to different laws and the statute of limitation is often modified. For instance, in Pennsylvania the patient must make a claim within two years from the time they realized the malpractice or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule. In other states the statute of limitations begins at the time the malpractice occurred. This could be a problem when the malpractice does not immediately cause symptoms. For instance, suppose an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient may not be aware of the object until three years after the surgery. In this case the statute of limitation might have started to begin running from the date of the surgery instead of the moment of discovery of the error. Expert Witnesses Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for a plaintiff will testify about the doctor's duty of care to the patient and the medical standards applicable to the region and specialization for this type of doctor with the same qualifications and experience and the ways the defendant's actions were in violation of the standards. The expert will explain how the defendant's departure directly caused the injury to the patient. The defendant will employ an expert to challenge the plaintiff's expert, and offer their professional opinion as to whether the doctor met the standard of care. The experts could disagree, but the fact-finder decides which expert is most credible. It is preferential for the expert to be still working in the medical field because they are more knowledgeable about current practices. Judges and jurors are likely to believe that practicing professionals are more trustworthy than experts who rely only on court testimony. It is also advisable to have an expert witness who has expertise in the field of fraud. A medical professional with experience treating breast cancer, for instance, can provide an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know which expert witnesses to consult.