How to File a Medical
malpractice lawyers Lawsuit
A medical malpractice lawsuit against a hospital or doctor requires proof that the defendant breached his or her duty to patients. This evidence could include hospital and medical documents.
Our attorneys are experienced at deposing witnesses in a professional manner. These may be doctors or other medical professionals in private practice, or staff members at a clinic or hospital.
Negligence
Patients have the right to receive certain standards of care when they visit a hospital, doctor or health professional. Unfortunately, in some instances these standards are not met or are even breached. This can lead to devastating consequences.
A lawsuit can be filed against a medical professional when an injured patient dies due to the malpractice of the physician. To have a valid claim, the injured patient must demonstrate that four legal elements exist in the case: breach of duty, causation and damages.
Malpractice can be defined as an act committed by the doctor that is against the norms of the medical field and can cause injury to patients. It is an aspect of tort law that deals with civil wrongs that do not fall under legal obligations or criminal offenses.
Medical negligence is different from regular negligence in that the injured party must prove that the doctor knew, or ought to have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For example an surgeon who accidentally cut a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice because the doctor didn't intend to cause harm.
In a medical malpractice lawsuit the defendant is bound by a legal obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with comparable expertise and training in similar circumstances could provide. The violation of this obligation 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 on the amount you've suffered due to a doctor's negligence. They can be a combination of financial loss,
malpractice lawsuit like the expense of medical treatment in the future, and non-economic losses like pain and suffering.
To recover damages, it is essential to prove that a doctor violated a duty and that his deviance from the standard of care caused injury, and the injury resulted in financial losses that are quantifiable. This is a complex legal analysis, which usually requires expert witness testimony.
Some of these losses can be seen quickly, for example, if a doctor's mistake resulted in an infection or other medical issues that require additional treatment. Certain damages are more difficult to spot in the event that a doctor misdiagnoses your condition and you cannot get the right treatment.
You can sue wrongful death in the event that your doctor's negligence results in your death. In these cases you are entitled to all the benefits you could have gotten in a survival action as well as punitive damages.
In many states, there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and typically apply to both economic and non-economic damages. Some states also have rules that restrict the time it takes to start a lawsuit.
Time Limits
Like all lawsuits, there are deadlines that must be adhered to or the case could be dismissed. Generally speaking, a malpractice lawsuit (
recent Asystechnik blog post) must be filed within two to six months of the medical malpractice occurring. The exact time frame varies by state.
The time limit is complex and it is essential to speak with a lawyer right away. The law firm will investigate to determine if there was any malpractice and if the case will be heard 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 limitations is modified. In Pennsylvania the patient is entitled to two years from the time when they first discovered the negligence. This is known as the discovery rule.
In some states the statutes of limitation begin to run on the date the medical error occurred. This is an issue if the error does not immediately cause symptoms. Imagine, for instance, that a doctor mistakenly left a foreign object in the body of a patient following surgery. The patient may not be aware of the object until three years after the surgery. In that scenario the statute of limitation might have started to start running from the date of the procedure instead of the moment of discovery of the error.
Expert Witnesses
Many medical
malpractice law firms cases rely on experts to explain the details of the case. A plaintiff's expert will testify regarding the doctor's duty to the patient, the medical requirements for doctors with similar qualifications in the same area as well as the specific ways the defendant deviated from the standards. The expert will then explain how the departure directly caused the injury suffered by the patient.
The defendant will engage an expert to counter the plaintiff's expert and offer their professional opinion about whether the doctor
malpractice lawsuit met the standards of care. The experts could disagree, but the fact-finder decides which expert is most trustworthy.
It is preferential for the expert to continue working in the medical profession since they are more knowledgeable about current practices. Jurors and judges typically find practicing professionals more credible than experts whose sole source of income is testifying in court.
It is also advisable to have an expert witness who is skilled in the area of the fraud. For instance an expert in medicine who is proficient in treating breast cancer can provide an argument more convincing regarding the reason for the plaintiff's injuries. A medical malpractice lawyer in Ocala will know the best experts to talk to.