How to File a Medical Malpractice Lawsuit
In order to bring a medical malpractice suit against a doctor or hospital you must establish that the defendant has breached their obligation to patients. This evidence could include medical and hospital records.
Our attorneys are experienced at taking depositions that are effective for witnesses. They could be doctors, other medical professionals who are in private practice or staff at a clinic or hospital.
Negligence
Patients have the right to receive certain standards of care when they visit a doctor, hospital or health professional. Unfortunately these standards aren't always met or even violated. The consequences of this breach can be devastating.
A lawsuit can be filed against a medical professional when a patient is injured or dies due to the malpractice of that doctor. To have a valid claim, the patient must demonstrate that four legal elements are present: duty, breach of duty, causation and damages.
Malpractice is defined as an act or omission of the physician that goes against the accepted norms of medical practice in the medical field, and inflicts harm on the patient. It is an aspect of tort law that addresses civil wrongs that are not contraindicated by law or are criminal offenses.
Medical negligence is distinct from regular negligence in that the person who is injured must prove that the physician knew or should have known that their actions would cause harm to be able to claim malpractice, however normal negligence is not required. For instance a surgeon who accidentally cuts a vein or nerve during surgery is in the wrong of negligence, but not malpractice as the doctor did not intend to cause harm.
In the event of a medical malpractice lawsuit, the defendant's duty is to treat the patient according with the standards of care that a reasonably competent health professional with similar experience and expertise would offer in similar circumstances. The breach of this obligation is a crucial aspect because it proves that the alleged negligence caused the injury.
Damages
In a case of malpractice damages are calculated based upon your losses due to a doctor's negligence. This can include both financial losses, including future medical costs, as well as non-economic losses like discomfort and pain.
In order to recover damages, it is essential to prove that a doctor violated the duty of care and that his violation of the standard of care caused injury, and the injury caused financial harm that was quantifiable. This is a complex legal analysis, which usually requires expert witness testimony.
Some of these losses are evident for instance, if your doctor made a mistake that led to an infection or other medical complications and you needed to seek additional treatment due to the result. Other damages are less readily evident, for instance, if your doctor misdiagnoses you, and you are unable to get the correct treatment.
If a medical professional's negligence causes your death, you can sue for the wrongful death. You can claim punitive damages in addition the compensation you'd receive in a case of survival.
In most states, there are limits on the amount you can recover in a malpractice case. The caps differ by state, and often apply to both economic and non-economic damages. Certain states also have rules that limit how long you can wait to file a lawsuit.
Time Limits
As with any lawsuit there are certain time frames to be adhered to or the case will be barred. A
malpractice attorney lawsuit should generally be filed between two and six years after the act occurred. The timeframe for filing a lawsuit is determined by the state.
The time period can be complex and it is essential to speak with an attorney right away. The law firm will conduct an investigation to determine if there was a mistake and if the case could be heard in court. This phase can last for up to a few weeks or even months.
Medical malpractice cases are subject to different laws, and the statute of limitation is often altered. In Pennsylvania, a patient has two years from the time that they were aware of the malpractice. This is known as the discovery rule.
In certain states the statutes of limitations begin to expire on the date that the medical error occurred. This is an issue when the mistake doesn't immediately cause symptoms. Imagine, for instance that a doctor erroneously left a foreign object in the body of a patient following surgery. The patient may not realize the foreign object until three or more years after surgery. In that case the statute of limitations could have run from the date of the procedure instead of the time of discovery of the error.
Expert Witnesses
Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of providing medical care to the patient and the medical standards for the area and in the specialty of this type of doctor with similar qualifications and expertise and the ways in which the defendant violated the standards. The expert will also explain how the departure directly contributed to 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's treatment was consistent with guidelines of care. It is common for experts to disagree with one with respect to their opinions, but the factfinder decides who is the most trustworthy on their expertise and experience.
It is more beneficial for an expert to be working in the medical field, since they'll have a better understanding of current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.
It is also advisable to have an expert witness that is specialized in the area of the fraud. For example, a medical expert who is knowledgeable about treating breast cancer can make an even more convincing case for the reason for a plaintiff's injury. An experienced Ocala medical malpractice
attorney will be aware of the experts to call for your case.