How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant has violated his or her obligation to patients. This could include hospital and medical records.
Our attorneys have extensive experience in conducting effective depositions. They could be doctors or other medical professionals working in private practice, or staff members at a clinic or hospital.
Negligence
When a patient visits a doctor or hospital professional they are entitled to certain standards of medical treatment. However, in a few instances these standards are not met, or even violated. This can lead to devastating consequences.
A lawsuit can be filed against a medical professional if the patient is injured or dies due to the malpractice of the physician. To prove a case, the person who was injured must establish four legal aspects which are breach of duty, duty, damages and causation.
Malpractice can be defined as an action by the doctor that is against the accepted norms within the medical field and can cause injury to the patient. It is a section of tort law, which addresses civil wrongs but not criminal or contractual duties.
Medical negligence is different from regular negligence in that the injured party must prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence does not. For example an surgeon who accidentally cut a vein or nerve during surgery is in the wrong of negligence, but not malpractice as the surgeon did not intend to cause harm.
In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in accordance with the standards of care that a qualified health professional with similar experience and education would offer in similar circumstances. The breach of this duty is a critical element since it proves that the negligent act caused the injury.
Damages
The damages you incur in a case of malpractice are determined by the losses you suffered due to the negligence of a physician. This could include financial losses, such as future medical expenses, as well as non-economic damages like discomfort and pain.
In order to obtain damages, it is necessary to prove that a doctor violated a duty, that his deviation from the standard of care resulted in injuries, and that the injury caused financial harm that was quantifiable. This is a complex legal analysis that usually requires expert witness testimony.
Some of these losses are evident for instance, if a doctor made an error that caused an infection or other medical problem, and you needed additional treatment due to the result. Some damages are more difficult to identify like when an expert misdiagnoses your illness and you don't receive the right treatment.
You are able to sue for wrongful-death when a doctor's negligence caused your death. You can seek punitive damages in addition to the compensation you'd receive in a case of survival.
In many states, there are limits on the amount you can recover in a legal case. These caps vary from state to state and are usually applicable to both financial and other damages. Certain states also have rules that restrict the time it takes to make a claim.
Time Limits
As with all lawsuits there are certain time limits that must be observed or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The timeframe for filing a lawsuit varies by state.
The time period can be complex, and it is crucial to consult an attorney immediately. The law firm will conduct an investigation to determine if there was a mistake and if the case will be heard in the court. This phase can last for weeks or even months.
Medical
malpractice cases are subject to different laws, and the statute of limitation is often modified. For instance, in Pennsylvania the patient must submit a claim within two years from the day they realized the
malpractice attorneys or when a reasonable person should have realized the injury existed. This is referred to as the discovery rule.
In other states the statute of limitations starts at the time the malpractice occurred. This can be an issue if the medical mistake does not trigger any immediate symptoms. For instance, suppose doctors mistakenly leave a foreign object inside the body following surgery. The patient may not realize the foreign object until at least three years after surgery. In this case the statute of limitation could have begin running from the date of the procedure instead of the moment the error was discovered.
Expert Witnesses
Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify about the duty of the doctor towards the patient, the medical requirements for doctors who have similar qualifications in their area and specialty and the ways in which the defendant departed from those standards. The expert will also explain how the deviance directly led to the injury suffered by the patient.
The defendant will hire a professional to counter the plaintiff's expert and offer their professional opinion as to whether the doctor met the requirements of medical care. It is not uncommon for experts to disagree with one and yet the factfinder decides who is the most reliable based on their education and experience.
It is preferential for the expert to be working in the medical field, since they'll have a better understanding of current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose only source of income is testifying in court.
It is also preferable to hire an expert witness who has expertise in the field of
malpractice attorneys. For example an expert in medical practice who is well versed in treating breast cancer can provide an even more convincing case for the reason for the plaintiff's injury. A seasoned Ocala medical malpractice lawyer will be aware of which expert witnesses to consult for your case.