How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her duty to patients. This could include hospital and medical documents.
Our attorneys have extensive experience in conducting effective depositions. They could be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.
Negligence
When a patient goes to a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately they aren't always met, or even violated. This can cause devastating results.
When someone is injured or death due to a doctor's malpractice, they may bring a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.
Malpractice is defined as an act or omission committed by the physician that goes against the norms of practice accepted in the medical field, and inflicts harm on the patient. It is a subset of tort law, which deals with civil wrongs that do not fall under legally binding or criminal in nature.
Medical negligence is different from regular negligence in that the victim must show that the doctor knew or should have known that their actions would cause harm in order to prove malpractice, whereas 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 lawyer. This is because the doctor didn't intend to hurt anyone.
In a medical malpractice case the defendant is under a duty to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar experience and education in similar circumstances would provide. The breach of duty is important because it demonstrates that the negligent act caused the injury.
Damages
In a case of malpractice, damages are calculated based on your losses due to a doctor's negligence. They can be a combination of financial loss such as the expense of medical treatment in the future and non-economic losses, like pain and suffering.
To recover damages, you have to prove that the doctor violated a duty of care, that the doctor's deviation from the norm resulted in injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.
Some of these losses are evident, such as if your doctor made a mistake that led to an illness or other medical issue and you required further treatment in the aftermath. Certain damages are more difficult to identify in the event that a doctor misdiagnoses your condition and you do not receive the proper treatment.
You can sue for wrongful death in the event that your doctor's negligence results in your death. You can claim punitive damages in addition to the money you'd receive in a case of survival.
In the majority of states, there are limits to the amount you can recover in a legal case. These caps vary by state and usually apply to both economic and non-economic damages. Some states have laws that limit how long you can wait before filing an action.
Time Limits
As with all lawsuits, there are time limits which must be adhered to or the case could be barred. A malpractice -
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The time period can be complicated, so it is vital to speak with a lawyer right away. The law firm will conduct an investigation to determine if malpractice occurred and whether it will be accepted in the court. This process takes months or
malpractice weeks.
Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. For example in Pennsylvania the patient must file a claim within 2 years from the date they discovered the malpractice or when a reasonable individual would have known that the harm existed. This is called the discovery rule.
In other states the statute of limitations starts at the time the malpractice occurred. This can be a problem when the malpractice doesn't immediately cause 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 situation the statute of limitation might have started to expire from the date the surgery instead of the moment of discovery of the error.
Expert Witnesses
Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of treating the patient with respect and the medical standards for the area and in the specialty of that type of physician with similar qualifications and skills and the manner in which the defendant deviated from the standards. The expert will explain the way in which the defendant's actions directly caused the patient's injury.
The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion about whether the doctor
malpractice met the standards of care. It is normal for experts to differ with each with respect to their opinions, but the fact finder determines who is the most reliable based on their expertise and experience.
It is best for the expert to still working in the medical field, as they will have a more knowledge of the current practice. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is testimony in court.
It is also advisable to work with an expert who has specialized in the area of malpractice. A medical expert who has experience treating breast cancer, for instance, could present a an argument that is convincing as to the cause of an injury. A seasoned Ocala medical malpractice attorney will be aware of the experts to consult for your case.