How to File a Medical Malpractice Lawsuit
A medical malpractice lawsuit against a doctor or hospital must prove that the defendant has violated his or her duty to patients. This could include medical and hospital records.
Our attorneys have a wealth of experience in taking depositions that are effective. They could be doctors, other medical professionals who are in private practice or work at a hospital or clinic.
Negligence
Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. Unfortunately the standards aren't always met, or even violated. This breach can have devastating results.
A lawsuit can be brought against a medical professional when the patient is injured or dies as a result of the negligence of the physician. To establish a case, the person who was injured must establish four legal aspects that include breach of duty, breach of duty, causation and damages.
Malpractice is defined as an act committed by the doctor that is against the norms of the medical community and causes injury to the patient. It is an aspect of tort law which covers civil wrongs that do not fall under contraindicated by law or are criminal offenses.
Medical negligence differs from regular negligence in that the injured party must demonstrate that the doctor was aware, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. For instance, a surgeon who accidentally nicks a nerve or vein during surgery could be negligent, but not malpractice because the doctor was not aiming to cause harm.
In a case of medical malpractice the defendant is bound by the obligation of treating the patient according to the standard of care a reasonably competent healthcare professional with similar experience and training in similar circumstances would provide. The breach of this duty is a critical aspect because it proves that the alleged negligent behavior caused the injury.
Damages
The damages in a malpractice case are based on the losses you sustained as a result of the negligence of a physician. These can include both actual financial losses, such as the costs of future medical treatment and non-economic losses, such as pain and suffering.
To recover damages, it is essential to demonstrate that a doctor did not fulfill an obligation or obligation, and that his lapse from the standard of care led to injury, and the injury caused financial harm that was quantifiable. This is a complicated legal process that 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 as a result. Some damage is more difficult to spot for instance, when an expert misdiagnoses your illness and you cannot get the proper treatment.
If a doctor's error results in your death, you can sue for the cause of death. You can seek punitive damages in addition to the money you would receive in a survival lawsuit.
In many states, there are limitations on the amount you can recover in a legal case. These caps vary from state to state and are generally applicable to both financial and other damages. Certain states have laws that limit the time you have to wait before filing an action.
Time Limits
As with all lawsuits there are time limits that must be followed or the case may be barred. In general, a
malpractice lawsuit must be filed within two to six years from the medical malpractice that occurred. The deadline for filing a malpractice lawsuit varies from state to state.
It is essential to speak with an attorney as soon as possible. The law firm will conduct an investigation to determine if there was a malpractice occurred and if it will be found to be valid in court. This stage takes months or weeks.
Medical malpractice cases are subject to different laws, and the statute of limitations is usually modified. In Pennsylvania the patient is entitled to two years from the time that they were aware of the malpractice. This is known as the discovery rule.
In some states the statutes of limitation begin to run on the date that the
malpractice attorney occurred. This is an issue if the medical error doesn't cause immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient may not be aware of the object until three years after the surgery. In this situation the statute of limitations could have started beginning from the date of the procedure, not necessarily the moment of discovery.
Expert Witnesses
A lot of medical malpractice cases rely on experts to explain the details of the case. An expert witness for the plaintiff will testify about the duty of the doctor to the patient, the medical standards for doctors who have similar qualifications in their area as well as the specific ways the defendant deviated from those standards. The expert will also explain how the deviation directly contributed to the injury of the patient.
The defendant will employ a professional to counter the plaintiff's expert and offer their professional opinion about whether the doctor's treatment was consistent with guidelines of care. It is normal for experts to differ with each other, but the factfinder determines who is most credible based on their experience and education.
It is recommended for the expert to be working in the medical field since they are more knowledgeable about current practice. Judges and jurors often consider practicing professionals more believable than experts whose only source of income is a testimony in court.
It is also advisable to work with an expert who is specialized in the field of malpractice. For example, a medical expert who is well versed in dealing with breast cancer can present a an argument more convincing regarding the cause of the plaintiff's injury. A medical
malpractice lawyer in Ocala will know the best experts to ask.