How to File a Medical Malpractice Lawsuit
Bringing a medical
malpractice suit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical documents.
Our lawyers have years of experience in taking depositions that are effective. They could be doctors, other medical professionals in private practice, or even 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 cases these standards are not adhered to or even breached. This breach could have devastating consequences.
If someone suffers injury or death as a result of a doctor's negligence, they can bring a lawsuit against the medical professional. To have a valid 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 by the doctor that is against the accepted norms of the medical profession and causes injury to patients. It is a section of tort law, which covers civil violations and not criminal offences or contractual obligations.
Medical negligence differs from normal negligence in that the person who is injured must prove that the physician was aware that their actions could cause harm in order to be able to claim malpractice, however normal negligence doesn't. For instance an surgeon who accidentally cut a vein or nerve during surgery could be negligent, but not malpractice because the doctor was not aiming to cause harm.
In the event of a medical malpractice lawsuit the defendant's obligation is to provide the patient with the standards of care a competent health professional with similar experience and education would provide in similar circumstances. The breach of duty is crucial since it establishes that the negligence alleged caused the injury.
Damages
The damages in a
malpractice lawsuits case are determined by the losses you sustained due to the negligence of a doctor. This could include financial losses, such as future medical costs, and non-economic losses like discomfort and pain.
To be able to claim damages, you have to prove that the doctor violated a duty of care, that the physician's deviation from the standard of care caused injury, and this injury had quantifiable monetary consequences. This is a difficult legal analysis that typically requires expert witness testimony.
Some of these losses can be spotted in a matter of minutes, for instance when a mistake made by a doctor resulted in an infection or other medical complications that require additional treatment. Other damages aren't as evident, for instance, if your doctor has misdiagnosed you and you're unable to receive the appropriate treatment.
If your doctor's malpractice leads to your death, you can sue for the wrongful death. In these cases you are entitled to all the benefits you would have received in a lawsuit for survival and punitive damages.
In the majority of states, there are limits to the amount you can recover in a legal case. These caps differ from state to state and are often applicable to both financial and other damages. Certain states have laws that limit the amount of time you can delay before filing an action.
Time Limits
Like all lawsuits, there are time limits which must be adhered to or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The timeframe for filing a malpractice lawsuit is different for each state.
The time limit is complex, and it is crucial to consult a lawyer right away. The law firm will conduct an investigation to determine if there were any mistakes and whether the case will be heard in the court. This process takes weeks or months.
Medical malpractice cases are subject to different laws, and the statute of limitations is frequently altered. For instance in Pennsylvania the patient has to file a claim within two years from the day they were aware of the malpractice, or that a reasonable person would have known that the harm existed. This is known as the discovery rule.
In some states the statutes of limitations begin to run on the date on which the medical error occurred. This could be an issue if the error does not cause immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient might not find the foreign object until three or more years after the surgery. In that scenario the statute of limitation could have expire from the date the procedure, not the time of discovery of the error.
Expert Witnesses
Expert witnesses are often called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the doctor's duty to the patient, the medical guidelines for doctors who have similar qualifications in their area and specialty and the ways that the defendant's actions were contrary to the standards. The expert will also explain how the defendant's departure directly caused the patient's injury.
The defendant will hire an expert to counter the plaintiff's expert, and offer their professional opinion about whether the doctor was in compliance with the standards of care. It is normal for experts to disagree with one and yet the fact finder determines who is most credible based on their experience and education.
It is preferential for the expert to be still working in the medical field as they are more knowledgeable about current practice. Judges and jurors typically consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.
It is also recommended to choose an expert with expertise in the field of malpractice. A medical expert who has had experience treating breast cancer for example, can make an argument that is convincing regarding the reason for an injury. A medical malpractice attorney in Ocala will know the best expert witnesses to consult.