How to File a Medical Malpractice Lawsuit
A medical
malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her duty to patients. This evidence could be a hospital and medical records.
Our lawyers have years of experience in taking depositions that are effective. They could be doctors, other medical professionals 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. Unfortunately they aren't always met, or even violated. This breach can have devastating consequences.
If someone is injured or suffers death as a result of a doctor's negligence, they can bring a lawsuit against the medical professional. In order to file a legitimate claim, the injured patient must demonstrate that there are four legal elements in place in the case: breach of duty, causation, and damages.
malpractice lawyer is defined as an act or omission by the physician that goes against the accepted norms of practice in the medical community and inflicts harm on the patient. It is a subset of tort law which covers civil wrongs that aren't contraindicated by law or are criminal offenses.
Medical negligence differs from regular negligence in that the party who suffers must demonstrate that the doctor knew, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For example a surgeon who accidentally cuts a vein or nerve during surgery could be found negligent, but not malpractice since the surgeon did not intend to cause harm.
In a case of medical
malpractice law firms, the defendant has the obligation of treating the patient according to the standard of care that a reasonably competent healthcare professional with the same knowledge and experience 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
Damages in a malpractice case are in relation to the losses you have suffered as a result of the negligence of a doctor. They can be a combination of financial losses, such as the cost of future medical care and non-economic losses, such as pain and suffering.
To be able to claim damages, you must prove that the doctor did not fulfill a duty of care, that the physician's deviation from the norm caused injury, and that the injury caused quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.
Certain of these losses can be spotted immediately, for example when a mistake made by a doctor resulted in an infection or other medical issues which required additional treatment. Other damages aren't as evident, for instance, if your doctor misdiagnoses you, and you aren't able to receive the right treatment.
You can sue for wrongful death in the event that your doctor's negligence results in your death. In these claims you're entitled to all the benefits you could have gotten in a survival action and punitive damages.
In most states, there are restrictions to the amount you can get in a malpractice claim. These caps vary by state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the time you have to wait before filing an action.
Time Limits
As with any lawsuit there are deadlines which must be adhered to or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The timeframe for filing a malpractice lawsuit differs by state.
The time period can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be accepted in the court. This process can take 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 a patient must file a claim within 2 years from the time they realized the malpractice or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.
In certain states the statutes of limitation start to run on the date the medical error occurred. This can be an issue if the mistake does not trigger any immediate symptoms. For instance, suppose a doctor negligently leaves a foreign object inside the body after surgery. The patient might not find the foreign object until at least three years after the surgery. In this scenario, the statutes of limitations could have begun running from the date of surgery rather than the time of discovery of an error.
Expert Witnesses
Expert witnesses are frequently required to explain facts in medical malpractice cases. Expert witnesses for plaintiffs will discuss the doctor's obligation of care to the patient and the medical standards for the region and specialty for this type of doctor who has similar qualifications and abilities and the manner in which the defendant deviated from those standards. The expert will explain how the defendant's deviance directly caused the patient's injury.
The defendant will engage an expert to counter the plaintiff's expert and provide their professional opinion about whether the doctor was in compliance with the standards of care. Experts could differ, but the fact-finder decides which expert is the most credible.
It is best for the expert to continue working in the medical field because they are more knowledgeable about the current practices. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is a testimony in court.
It is also recommended to choose an expert with expertise in the field of malpractice. For example, a medical expert who is knowledgeable about treating breast cancer can make an argument more convincing regarding the cause of the plaintiff's injury. A seasoned Ocala medical malpractice attorney will know which expert witnesses to refer your case.