How to File a Medical Malpractice Lawsuit
A medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant breached his or her obligation to patients. This can be evidence from hospitals and medical documents.
Our attorneys have a wealth of expertise in obtaining depositions that are successful. They may be doctors, other medical professionals working in private practice or are employed at a hospital or clinic.
Negligence
Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor, or health care professional. Unfortunately, these standards are not always adhered to or even observed. The consequences of this breach could be devastating.
When someone is injured or death as a result of a physician's negligence, they can bring a lawsuit against the medical professional. To prove a case the patient who has been injured must demonstrate 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 norms of practice accepted in the medical community, and causes injury to the patient. It is a subset of tort law that addresses civil wrongs that aren't legally binding or criminal in nature.
Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware or ought to have known that their actions could cause harm to assert malpractice, however normal negligence does not. For instance, a surgeon who accidentally nicks a nerve or vein during surgery would be in the wrong of negligence, but not malpractice because the surgeon did not intend to cause harm.
In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient in line with the standards of care a knowledgeable health professional with similar experience and qualifications would provide in similar circumstances. The violation of this duty is an essential aspect because it proves that the alleged negligent behavior caused the injury.
Damages
In a case of malpractice damages are calculated based upon your losses caused by a doctor's negligence. These could include both financial losses, such as the cost of future medical expenses, and non-economic losses like pain and suffering.
In order to recover damages, you must prove that the doctor did not fulfill the duty of care, that the doctor's deviation from the standard of care resulted in injury, and the injury was measurable in terms of financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Certain of these losses can be seen immediately, for instance when a mistake made by a doctor led to an infection, or any other medical condition that require additional treatment. Some damages are more difficult to see in the event that doctors misdiagnose your condition and you are unable to receive the proper treatment.
You may sue for wrongful deaths in the event that a negligent doctor causes your death. You can claim punitive damages in addition the compensation you'd receive in a case of survival.
In most states, there are restrictions on what you can receive in a malpractice case. These caps vary state-to-state and typically apply to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing an action.
Time Limits
As with all lawsuits, there are deadlines that must be observed or the case could be barred. Generally speaking, a
malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The exact time frame differs by state.
It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be accepted in the court. This phase can last for weeks or even months.
Medical
malpractice lawsuits cases are governed by different laws, and the statute of limitation is often modified. For instance in Pennsylvania patients must make a claim within two years from the day they were aware of the malpractice, or the date a reasonable person would have known that the harm existed. This is known as the discovery rule.
In other states the statute of limitations starts to run from the date the malpractice occurred. This could be an issue if the mistake does not trigger any immediate symptoms. As an example, suppose an unintentionally negligent doctor leaves a foreign object inside the body following surgery. The patient may not discover the foreign object until at least three years after the surgery. In this instance, the statutes of limitations could have started at the time of surgery, not the time of discovery of an error.
Expert Witnesses
Expert witnesses are frequently required to explain facts in medical malpractice cases. The expert of the plaintiff will testify on doctors' obligations to the patient, medical guidelines for doctors who have similar qualifications in their area and specialization, and the ways that the defendant's actions were contrary to those standards. The expert will describe why the defendant's omission directly caused the injury to the patient.
The defendant will hire a professional to counter the plaintiff's expert and offer their professional opinion on whether the doctor's actions met the requirements of medical care. Experts may differ but the fact-finder will decide which expert is most trustworthy.
It is more beneficial for an expert to working in the medical field because they'll have better understanding of current practices. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.
It is also better to have an expert who specializes in the area of malpractice. A medical professional with experience treating breast cancer, for instance, can provide an argument convincingly as to the reason for an injury. A medical malpractice attorney in Ocala will know which experts to talk to.