How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant violated his or her duty to patients. This evidence could include hospital and medical records.
Our lawyers are adept at taking effective depositions of witnesses. They may be doctors, other medical professionals who are in private practice, or working at a hospital or clinic.
Negligence
If a patient is seen by a doctor, hospital or health care professional and receives medical care, they are entitled certain standards of medical care. Unfortunately, in some cases these standards are not adhered to or even violated. This breach could have devastating results.
A lawsuit may be filed against a medical professional when a patient is injured or dies due to the malpractice of the doctor. To have a valid claim, the patient must demonstrate that four legal elements exist which include breach of duty, causation and damages.
Malpractice is defined as an action by doctors that goes against the norms of the medical profession and causes harm to the patient. It is a subset of tort law which covers civil wrongs that are not legally binding or criminal in nature.
Medical negligence is distinct from regular negligence in that the injured party must prove 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 doesn't. For example an surgeon who accidentally nicks a nerve or vein during surgery is in the wrong of negligence, but not malpractice since the doctor didn't intend to cause harm.
In a medical malpractice lawsuit the defendant is under the obligation of treating the patient in accordance with the standards of care that a reasonably prudent healthcare professional with similar expertise and training in similar situations would provide. The violation of this obligation is a crucial aspect because it proves that the negligent act caused the injury.
Damages
The damages you incur in a case of malpractice are dependent on the losses you sustained due to the negligence of a doctor. These could include both financial loss, such as the cost of future medical expenses, and non-economic losses like suffering and pain.
To be able to claim damages, you need to show that a doctor has violated the duty of care or obligation, and that his lapse from the standard of care caused injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that usually requires expert witness testimony.
Some of these losses can be seen in a matter of minutes, for instance an error by a doctor resulted in an infection or any other medical condition that required additional treatment. Some damage is more difficult to identify for instance, when a doctor misdiagnoses your condition and you cannot get the right treatment.
If the negligence of your doctor results in your death then you can sue for the cause of death. In these cases you're legally entitled to all the compensation you could have gotten in a lawsuit for survival in addition to punitive damages.
In a majority of states, there are limits to the amount you can get when you file a claim for malpractice. These limits vary from state to state, and often apply to both economic and non-economic damages. Certain states have laws that limit the amount of time you can delay before filing an action.
Time Limits
As with any lawsuit there are certain time frames that must be followed or the case could be barred. In general, a malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The exact time frame differs by state.
It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if there was malpractice and whether the case will be heard in the court. This process takes months or weeks.
Medical malpractice cases are governed by different laws than other types of cases, and often the statute of limitation is altered. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they were aware of the negligence. This is called the discovery rule.
In other states, the statute of limitations begins at the time the malpractice happened. This can be a problem if the medical error doesn't cause immediate symptoms. Imagine, for instance, that a doctor has negligently left a foreign object in the body of a patient following surgery. The patient might not discover the object until three years after the procedure. In this situation, the statutes of limitations could have started running from the date of the surgery, not the moment of identifying the error.
Expert Witnesses
A lot of medical malpractice cases rely on experts to present the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of treating the patient with respect and the medical standards for the region and specialization for this type of doctor with similar qualifications and skills and the ways that the defendant deviated from those standards. The expert will then describe how the deviation directly caused the injury of the patient.
The defendant will employ an expert to challenge the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor met the guidelines of care. It is common for experts to disagree with one with respect to their opinions, but the factfinder determines who is the most trustworthy based on their knowledge and experience.
It is recommended for the expert to continue working in the medical field as they are more knowledgeable about the current practices. Jurors and judges tend to consider professionals who are practicing more credible than those who rely exclusively on the testimony of a court.
It is also advisable to choose an expert who has specialized in the area of malpractice. A medical expert with expertise in treating breast cancer, for example, can make a convincing argument as to the cause of an injury. An experienced Ocala medical
malpractice lawyer will know which experts to contact for your case.