How to File a Medical
Malpractice Lawsuit
Bringing a medical malpractice suit against a hospital or doctor requires proof that the defendant has violated his or her duty to patients. This could include medical and hospital documents.
Our attorneys are experienced at conducting effective depositions of witnesses. They could be doctors, other medical professionals who are in private practice or work at a clinic or hospital.
Negligence
Patients are entitled to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately, in some cases these standards are not adhered to or even breached. This can lead to devastating results.
A lawsuit may be filed against a medical professional if the patient is injured or dies as a result of the negligence of that doctor. To be able to file a valid lawsuit, an injured patient must establish four legal elements which are breach of duty, duty, damages and causation.
Malpractice is defined as an act or omission by a physician that deviates from the norms of practice accepted within the medical profession, and results in injury to the patient. It is a part of tort law that deals with civil wrongs not criminal offenses or contractual obligations.
Medical negligence differs from normal 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 example, a surgeon who accidentally nicks a nerve or vein during surgery would be negligent, but not malpractice because the doctor was not aiming to cause harm.
In an instance of medical malpractice the defendant's obligation is to treat the patient in accordance with the standards of care that a knowledgeable health professional with similar experience and qualifications would offer in similar circumstances. The breach of this duty is an essential aspect since it shows that the alleged negligence caused the injury.
Damages
In a malpractice case, damages are determined based on the losses you have suffered as a result a doctor's negligence. These could include both financial loss, such as the expense of medical treatment in the future, and non-economic losses like suffering and pain.
To recover damages, it is essential to prove that a doctor violated an obligation or obligation, and that his lapse from the standard of care led to injuries, and the damage resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses are evident for instance, if a doctor made an error that led to an infection or other medical problem that required additional treatment because of it. Some damages are more difficult to detect for instance, when doctors misdiagnose your condition and you are unable to receive the correct treatment.
If a medical professional's negligence causes your death and you are unable to sue, you may be able to sue for the cause of death. You may seek punitive damages in addition to the compensation you would receive in a survival lawsuit.
In most states there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the time you can wait before filing a lawsuit.
Time Limits
As with all lawsuits there are deadlines that must be followed or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice occurring. The time frame varies by state.
It is crucial to consult an attorney as soon as you can. The law firm will investigate to determine if there was any
malpractice and if the case will be heard in court. This process can take weeks or even months.
Medical malpractice cases are governed by different laws than other types of cases and often the statute of limitation is modified. In Pennsylvania the patient is entitled to two years from the date when they first discovered the error. This is known as the discovery rule.
In other states, the statute of limitations begins at the time the malpractice happened. This could be an issue if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor erroneously left a foreign object in the body of the patient after surgery. The patient may not realize the object until three years after the procedure. In that scenario, the statute of limitations could have expire from the date the surgery, not from the moment of discovery of the error.
Expert Witnesses
Expert witnesses are frequently called upon to clarify the facts in medical
malpractice attorneys cases. An expert witness for a plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect, the medical standards in the area and the specialization for the type of doctor with similar qualifications and skills and the ways the defendant's actions were in violation of the standards. The expert will also explain how the defendant's deviance directly caused the patient's injury.
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 not uncommon for experts to disagree with one other, but the factfinder decides who is the most reliable based on their knowledge and experience.
It is recommended for the expert to be working in the medical field because they are more knowledgeable about the current practices. Jurors and judges typically consider professionals who are practicing more credible than experts who rely solely on the testimony of a court.
It is also preferable to hire an expert witness who is skilled in the area of the legal malpractice. A medical professional who has experience treating breast cancer, for instance, can provide an argument that is convincing as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will be aware of which expert witnesses to consult for your case.