How to File a Medical Malpractice Lawsuit
In bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant breached his or her obligation to patients. This evidence could include hospital and medical documents.
Our attorneys have a wealth of experience in taking depositions that are effective. These may be doctors or other medical professionals in private practice, or employees at a clinic or hospital.
Negligence
Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately the standards aren't always met, or even violated. The consequences of this breach could be devastating.
A lawsuit may be filed against a medical professional if an injured patient dies as a result of the negligence of the physician. To be able to make a valid claim, the injured patient must prove that there are four legal elements present in the case: breach of duty, causation and damages.
Malpractice is described as an act performed by an individual doctor that is not in line with the accepted norms in the medical field and can cause injury to patients. It is a section of tort law, which addresses civil wrongs not criminal offenses or contractual obligations.
Medical negligence is different from regular negligence in that the victim must show that the doctor was aware that their actions could cause harm to prove malpractice, whereas normal negligence is not required. A surgeon who accidentally nicks or cuts 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 is under a legal obligation to treat the patient in accordance with the standard of care that a reasonably competent healthcare professional with comparable knowledge and experience in similar circumstances would offer. The breach of duty is crucial since it establishes that the negligent act caused the injury.
Damages
In a malpractice lawsuit, damages are dependent on the losses you have suffered as a result of negligence by a doctor. This could include financial losses, like future medical costs, as well as non-economic damages, such as pain and discomfort.
To be able to claim damages, you need to show that a doctor has violated an obligation or obligation, and that his lapse from the standard of care caused injury, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses are obvious for instance, if your doctor made an error that resulted in an infection or medical condition, and you needed additional treatment because of it. Other losses are not as apparent, such as when your doctor misdiagnoses you and you are not able to receive the right treatment.
If a doctor's error causes you to die then you can sue for wrongful death. You can seek punitive damages in addition the compensation you would receive in a survival lawsuit.
In many states, there is a limit on what you can receive in a lawsuit for malpractice. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states also have rules that limit the time it takes to bring a lawsuit.
Time Limits
Like any lawsuit there are deadlines which must be adhered to or the case will be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six years after the medical malpractice arising. The timeframe for filing a malpractice lawsuit is different for
firm each state.
It is important to consult an attorney as soon as you can. The law
firm will conduct an investigation to determine if there was a malpractice has occurred and if it will hold up in court. This stage can take months or even weeks.
Medical malpractice cases are governed by different laws and the statute of limitations is often modified. For instance, in Pennsylvania the patient has to file a claim within 2 years of the date they were aware of the
malpractice law firm, or the date a reasonable person 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 on the date when the medical error occurred. This could be a problem if the medical mistake does not trigger any immediate symptoms. For instance, suppose that a doctor negligently leaves an object foreign to the body following surgery. The patient might not discover the object until three years after the surgery. In this instance the statute of limitations could have begun beginning from the date of surgery rather than the moment of identifying the error.
Expert Witnesses
Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, medical standards for physicians with similar qualifications in the area as well as the specific ways in which the defendant's conduct was different from the standards. The expert will discuss how the defendant's deviance directly impacted the patient's injuries.
The defendant will engage an expert to challenge the plaintiff's expert and offer their professional opinion as to whether the doctor met the standard of care. It is common for experts to differ with each and yet the factfinder determines who is the most reliable based on their knowledge and experience.
It is better for the expert to be working in the medical field, as they will have a better understanding of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts who rely solely on the testimony of a court.
It is also recommended to hire an expert witness who specializes in the area of the fraud. For example, a medical expert who is proficient in treating breast cancer can provide an even more convincing case for the reason for the plaintiff's injuries. An experienced Ocala medical malpractice lawyer will know which experts to consult for your case.