How to File a Medical Malpractice Lawsuit To bring a medical malpractice lawsuit against a hospital or doctor you must establish that the defendant has violated their obligation to patients. This evidence could include hospital and medical documents. Our attorneys are experienced at taking depositions that are effective for witnesses. These may be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic. Negligence Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. In some instances, these standards are not adhered to or even breached. This can lead to devastating consequences. When someone suffers injury or death due to a doctor's negligence, they can bring a lawsuit against the medical professional. To establish a case, the person who was injured must demonstrate four legal elements that include breach of duty, breach of duty, damages and causation. Malpractice is defined as an action by an individual doctor that is not in line with the accepted norms in the medical field and can cause harm to the patient. It is an aspect of tort law which covers civil violations that are not contraindicated by law or are criminal offenses. Medical negligence differs from regular negligence in that the person who is injured must prove that the physician was aware or ought to have known that their actions could cause harm in order to claim malpractice, but normal negligence is not required. A surgeon who accidentally cuts or nicks an artery or nerve during surgery is guilty of negligence but not malpractice. This is because the surgeon did not intend to cause harm to anyone. In a medical malpractice case, the defendant has a legal obligation to treat the patient in accordance with the standard of care that a reasonably prudent healthcare professional with similar expertise and training in similar situations would provide. The breach of duty is significant since it establishes that the alleged negligence caused the injury. Damages The damages in a malpractice case are in relation to the losses you suffered as a result of negligence by a doctor. This could include financial losses, including future medical expenses, as well as non-economic damages like pain and discomfort. To be able to claim damages, it is essential to establish that a doctor acted in violation of the duty of care and that his violation of the standard of care caused injuries, and the damage had quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony. Some of these losses are obvious like when your doctor made an error that caused an infection or medical condition and you required further treatment because of it. Other damages are less readily apparent, such as when your doctor misdiagnoses you and you're unable to get the correct treatment. If your doctor's malpractice causes you to die and you are unable to sue, you may be able to sue for the cause of death. In these claims you're entitled to the same amount you would have gotten in a survival case as well as punitive damages. In many states, there are limitations on the amount you can recover in a malpractice case. These limits vary from state to state, and are typically applicable to both financial and other damages. Some states have laws that limit the time you can wait before filing a lawsuit. Time Limits As with all lawsuits there are deadlines that must be observed or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The specific time limit is determined by the state. The time frame can be complicated and it is important to consult with an attorney right away. The law firm will conduct an investigation to determine if there was a malpractice has occurred and if it will be able to stand in the court. This phase can last for weeks or months. Medical malpractice cases involve different laws than other types of cases and often the statute of limitation is modified. For instance in Pennsylvania the patient has to file a claim within two years from the date they were aware of the malpractice, or when a reasonable individual would have recognized that the harm existed. This is referred to as the discovery rule. In some states, the statutes of limitations begin to run from the date the medical error occurred. This can be a problem if the medical malpractice does not cause any immediate symptoms. As an example, suppose a doctor negligently leaves an object foreign to the body following surgery. The patient might not find the foreign object until at least three years after surgery. In this situation, the statutes of limitations could have started running from the date of surgery, not the moment of identifying the error. Expert Witnesses Many medical malpractice cases rely on expert witnesses to explain the facts of the case. A plaintiff's expert will testify on the doctor's duty to the patient, medical requirements for doctors who have similar qualifications in the area and specialty and the ways in which the defendant departed from the standard. The expert will explain why the defendant's omission directly caused the patient's injury. The defendant will contract a professional to counter the plaintiff’s expert, and then provide their professional opinion as to whether the doctor met the requirements of medical care. It is not uncommon for experts to disagree with each with respect to their opinions, but the factfinder decides who is the most reliable based on their knowledge and experience. It is preferential that the expert continue to be working in the medical field, because they'll have more knowledge of the current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely only on the testimony of a court. It is also beneficial to hire an expert with expertise in the area of malpractice. A medical expert with prior experience treating breast cancer for instance, could present a an argument that is convincing regarding the cause of an injury. A knowledgeable Ocala medical malpractice attorney will know which expert witnesses to refer your case.