How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant breached his or her duty to patients. This can be evidence from hospitals and medical records.
Our lawyers have experience taking effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice, or working at a hospital or clinic.
Negligence
Patients have the right to receive certain standards of care when they visit a doctor, hospital or health care professional. Unfortunately, in some instances these standards are not adhered to or even violated. This can cause devastating results.
If someone suffers injury or death because of a doctor's negligence, they could bring a lawsuit against the medical professional. To establish a case, the person who was injured must prove four legal elements which are breach of duty, duty, damages and causation.
Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of medical practice within the medical profession, and causes injury to the patient. It is a part of tort law, which deals with civil wrongs and not criminal offences or contractual obligations.
Medical negligence differs from normal negligence in that the victim must prove that the physician was aware or ought to have known that their actions could cause harm in order to prove malpractice, whereas normal negligence is not required. For example the surgeon who nicks a nerve or vein during surgery is considered negligent, but not malpractice since the doctor did not intend to cause harm.
In a case of medical malpractice the defendant is bound by a duty to treat 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 breach of duty is crucial because it proves that the negligent act caused the injury.
Damages
In a case of malpractice, damages are calculated based on your losses due to a physician's negligence. This can include both financial losses, including future medical costs, as well as non-economic damages such as discomfort and pain.
In order to recover damages, you must prove that the doctor violated a duty of care, that the doctor's deviation from the standard caused injury, and this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.
Certain of the losses can be observed in a matter of minutes, for instance an error by a doctor resulted in an infection or other medical issue which required additional treatment. Certain damages are more difficult to detect, such as when the doctor is unable to diagnose your condition and you are unable to receive the proper treatment.
You can sue wrongful death if your doctor's negligence causes your death. In these cases you're entitled to the same amount you could have gotten in a survival case in addition to punitive damages.
In most states there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and usually apply to both economic and non-economic damages. Certain states have laws that limit the length of time you have to wait before filing an action.
Time Limits
As with all lawsuits there are deadlines that must be observed or the case may be dismissed. A Malpractice (
Highwave.kr) lawsuit is required to be filed between two and six years after the act occurred. The timeframe for filing a lawsuit differs by state.
The time limit can be complex, and it is crucial to consult with an attorney right away. The law firm will conduct an investigation to determine if malpractice was committed and if it could hold up in the court. This stage takes several weeks or even months.
Medical malpractice cases are governed by different laws and the statute of limitation is often modified. In Pennsylvania, a patient has two years from the time that they were aware of the malpractice. This is called the discovery rule.
In other states, the statute of limitations begins to run from the date the
malpractice law firms happened. This is problematic if the act is not immediately causing symptoms. Imagine, for instance, that a doctor erroneously left a foreign body in the body of the patient after surgery. The patient may not realize the foreign object until at least three years after the surgery. In this instance the statute of limitations could have begun beginning from the date of surgery, not the moment of discovery.
Expert Witnesses
Expert witnesses are frequently 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 as well as the standards of medical care in the area and in the specialty of that type of physician who has similar qualifications and abilities and the ways that the defendant departed from those standards. The expert will describe how the defendant's deviance directly impacted the patient's injuries.
The defendant will hire an expert to challenge the plaintiff's expert, and offer their professional opinion as to whether the doctor was in compliance with the standards of care. It is common for the experts to differ with each with respect to their opinions, but the factfinder determines who is the most trustworthy on their education and experience.
It is recommended for the expert to be working in the medical field as they are more knowledgeable about current practice. Judges and jurors typically consider practicing professionals more believable than experts whose only source of income is testifying in court.
It is also beneficial to use an expert witness who has expertise in the area of the malpractice. A medical professional with prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to contact for your case.