How to File a Medical Malpractice Lawsuit To bring an action for medical malpractice against a physician or hospital you must establish that the defendant has violated their duty to patients. This evidence can include hospital and medical records. Our lawyers have experience taking effective depositions of witnesses. They could be doctors or other medical professionals who are in private practice or staff at a hospital or clinic. Negligence Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health care professional. In some instances, these standards are not being met or even breached. The results of this breach could be devastating. A lawsuit can be filed against a medical professional if patients are injured or dies due to the malpractice of the physician. In order to file a valid claim, the injured patient must prove that there are four legal elements in place such as breach of duty, causation and damages. Malpractice is defined as the act or omission of the physician that goes against the accepted norms of practice in the medical community and causes injury to the patient. It is a component of tort law that covers civil violations, not criminal offenses or contractual duties. Medical negligence is distinct from regular negligence in that the person who is injured has to demonstrate that the doctor was aware, or ought to have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not negligence. This is because the surgeon didn't intend to cause harm to anyone. In the case of medical negligence the defendant's responsibility is to treat the patient according with the standard of care that a competent health professional with similar experience and education could provide in similar situations. The violation of this duty is a crucial aspect because it proves that the alleged negligent behavior caused the injury. Damages In a case of malpractice damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, like future medical costs, as well as non-economic damages like discomfort and pain. In order to recover damages, you must show that the doctor breached a duty of care, that the physician's deviation from that standard caused injury, and this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony. Some of the losses can be observed quickly, for example the case where a doctor's error led to an infection, or other medical issue that require additional treatment. Other losses are not as apparent, such as when your doctor is unable to diagnose you correctly, and you're unable to get the correct treatment. If the negligence of your doctor leads to your death and you are unable to sue, you may be able to sue for the wrongful death. In these claims you're entitled to all the benefits you could have gotten in a lawsuit for survival, plus punitive damages. In most states, there are limits on the amount you can recover in a malpractice case. These caps vary by state and typically apply to both economic and non-economic damages. Certain states also have rules that restrict the time you have to wait to make a claim. Time Limits Like any lawsuit there are certain deadlines that must be observed or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The deadline varies according to state. The time frame can be complicated, so it is vital to speak with an attorney right away. The law firm will conduct an investigation to determine if there was any malpractice and whether the case will stand up in the court. This phase can last for several weeks or even months. Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is altered. For example in Pennsylvania patients must make a claim within two years from the day they were aware of the malpractice, or when a reasonable person could have realized that the injury existed. This is called the discovery rule. In other states the statute of limitations begins at the time the malpractice happened. This can be a problem when the malpractice doesn't immediately cause symptoms. For instance, suppose doctors mistakenly leave an object that is foreign in the body after surgery. The patient may not realize the foreign object until three or more years after the surgery. In that case the statute of limitations might have started to run from the date of the surgery instead of the discovery of the error. Expert Witnesses Expert witnesses are often called upon to clarify the facts in medical malpractice cases. A plaintiff's expert will testify regarding the duty of the doctor towards the patient, medical standards for physicians with similar qualifications in the same area and specialty and the ways that the defendant's actions were contrary to the standard. The expert will also explain how the departure directly led to the patient's injury. The defendant will contract a professional to counter the plaintiff's expert and then provide their professional opinion about whether the doctor's treatment was consistent with standards of care. It is common for the experts to differ with each and yet the fact finder decides who is most credible based on their expertise and experience. It is more beneficial for the expert to be working in the medical field, since they'll have a greater understanding of current practice. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is testimony in court. It is also recommended to get an expert witness who specializes in the field of malpractice. For example an expert in medical practice who is well versed in treating breast cancer can make a more convincing argument about the cause of an injury suffered by a plaintiff. An experienced Ocala medical malpractice attorney will know which expert witnesses to consult for your case.