How to File a Medical Malpractice Lawsuit
To bring a medical malpractice suit against a doctor or a hospital it is necessary to prove that the defendant has breached their obligation to patients. This evidence may include hospital and medical documents.
Our lawyers have a wealth of experience in taking depositions that are effective. These may be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.
Negligence
Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately, in some instances these standards are not met, or even violated. The results of this breach could be devastating.
When someone is injured or death due to a doctor's negligence, they can sue the medical professional. In order to have a legitimate claim, the injured patient must demonstrate that there are four legal elements present such as breach of duty, causation and damages.
Malpractice is defined as an act or omission committed by an individual physician that is in violation of the norms of practice accepted in the medical community, and can cause injury to the patient. It is a part of tort law, which addresses civil wrongs and not criminal offences or contractual duties.
Medical negligence is different from regular negligence because the injured party must prove that the doctor knew or should have known that their actions would cause harm in order to assert malpractice, however normal negligence is not required. For instance the surgeon who nicks a nerve or vein during surgery would be in the wrong of negligence, but not malpractice because the doctor didn't intend to cause harm.
In the case of medical negligence the defendant's obligation is to treat the patient according with the standard of care that a reasonably prudent health care professional of similar experience and education could provide in similar situations. The breach of duty is crucial because it shows that the negligence alleged caused the injury.
Damages
In a malpractice lawsuit, damages are determined by the losses you have suffered due to a doctor's negligence. They can be a combination of financial loss, such as the cost of future medical expenses, and non-economic losses like suffering and pain.
To claim damages, you have to prove that the doctor violated 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 process that usually requires expert witness testimony.
Some of these losses can be seen in a matter of minutes, for instance the case where a doctor's error caused an infection or any other medical condition that required additional treatment. Some damage is more difficult to spot in the event that the doctor is unable to diagnose your condition and you cannot get the right treatment.
You may sue for wrongful deaths when a doctor's negligence caused your death. In these cases you are entitled to the same amount you would have received in a survival lawsuit in addition to punitive damages.
In the majority of states, there is a limit to the amount you can get in a malpractice case. These caps vary state-to-state, and often apply to both economic and non-economic damages. Some states also have rules that limit how long you can wait to make a claim.
Time Limits
As with all
lawsuits there are deadlines that must be observed or the case will be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The timeframe for filing a malpractice lawsuit is determined by the state.
It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if any
malpractice law firms has occurred and if it will be accepted in court. This process can take weeks or even months.
Medical malpractice cases are subject to different laws and the statute of limitation is often modified. For example, in Pennsylvania the patient must submit a claim within two years of the date they were aware of the malpractice, or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.
In some states the statutes of limitations begin to run on the date the medical error occurred. This could be an issue when the mistake does not immediately trigger symptoms. Imagine, for instance, that a doctor negligently left a foreign body in the body of the patient after surgery. The patient may not be aware of the object until three years after the procedure. In this instance the statute of limitations could have been beginning from the date of the procedure, not necessarily the discovery of error.
Expert Witnesses
A lot of medical malpractice cases rely on expert witnesses to clarify the facts of the case. The expert of the plaintiff will testify on doctors' obligations to the patient, the medical requirements for doctors who have similar qualifications in their area as well as the specific ways that the defendant's actions were contrary to those standards. The expert will then explain how the deviance directly caused the patient's injury.
The defendant will engage an expert to challenge 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 trustworthy.
It is best for the expert to still working in the medical field since they'll have a better knowledge of current practices. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely only on the testimony of a court.
It is also better to have an expert who specializes in the area of malpractice. For instance an expert in medicine who is well versed in treating breast cancer could make a a more convincing argument about the cause of the plaintiff's injuries. An experienced Ocala medical malpractice lawyer will be aware of the experts to refer your case.