How to File a Medical Malpractice Lawsuit
To bring a medical malpractice lawsuit against a physician or hospital you must prove that the defendant has breached their duty towards patients. This could include medical and hospital documents.
Our attorneys have extensive experience in conducting effective depositions. They could be doctors or other medical professionals working in private practice or are employed at a hospital or clinic.
Negligence
When a patient visits a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. However, in a few instances these standards are not met or are even breached. This can cause devastating consequences.
When someone suffers injury or death as a result of a doctor’s negligence, they could file a lawsuit against the medical professional. To establish a case the patient who has been injured must establish four legal aspects that include breach of duty, breach of duty, causation and damages.
Malpractice can be defined as an act by doctors that goes against the accepted norms of the medical profession and causes injury to patients. It is a subset of tort law which covers civil violations that are not legal obligations or criminal offenses.
Medical negligence differs from regular negligence in that the victim has to prove that the doctor knew, or should have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn’t. A surgeon who accidentally cuts or nicks one of the nerves or veins during surgery is guilty of negligence but not malpractice. This is because the doctor did not intend to harm anyone.
In a medical malpractice lawsuit, the defendant has a duty to treat the patient according to the standard of care a reasonably prudent healthcare professional with the same knowledge and experience in similar circumstances would provide. The breach of duty is important because it shows that the alleged negligence caused the injury.
Damages
In a malpractice case damages are calculated based on the amount you’ve suffered due to a doctor’s negligence. They can be a combination of financial losses, such as the cost of future medical expenses as well as non-economic losses like suffering and pain.
To recover damages, you need to prove that a doctor violated a duty, that his deviation from the standard of care led to injury, and that the injury caused financial harm that was quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses can be identified quickly, for example an error by a doctor caused an infection or other medical complications which required additional treatment. Certain damages are more difficult to identify in the event that an expert misdiagnoses your illness and you are unable to receive the proper treatment.
If your doctor’s malpractice causes you to die and you are unable to sue, you may be able to sue for the cause of death. You may be able to claim punitive damages in addition the compensation you’d receive in a survival lawsuit.
In most states, there are limitations on the amount you can recover in a legal case. These caps differ from state to state and are generally applicable to both economic and other damages. Certain states also have rules that limit the time you have to wait to make a claim.
Time Limits
As with any lawsuit, there are specific time limits which must be adhered to or the case may be barred. In general, a malpractice lawsuit must be filed within two to six years from the medical Vinita Malpractice Lawsuit that occurred. The specific time limit differs by state.
The time frame can be complex and it is essential to consult with an attorney immediately. The law firm will conduct an investigation to determine if there was a mistake and if the case could stand up in court. This can take weeks or even months.
Medical malpractice cases are governed by different laws, and the statute of limitations is often modified. For example, in Pennsylvania the patient has to make a claim within two years of the date they realized the malpractice or when a reasonable individual should have realized the injury existed. This is referred to as the discovery rule.
In other states, the statute of limitations starts at the time the malpractice occurred. This is a problem when the tuscumbia malpractice lawsuit doesn’t immediately cause symptoms. For instance, suppose doctors mistakenly leave a foreign object inside the body following surgery. The patient may not realize the foreign object until at least three years after the surgery. In this case 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 explain the facts in medical malpractice cases. An expert witness for the plaintiff will testify on the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in the area and specialization, and the ways in which the defendant’s conduct was different from those standards. The expert will then describe how the deviance directly caused the injury suffered by the patient.
The defendant will employ an expert to challenge the plaintiff’s expert and provide their professional opinion as to whether the doctor was in compliance with the standards of care. Experts could differ but the fact-finder will decide which expert is the most trustworthy.
It is best for an expert to working in the medical field as they will have a greater understanding of current practice. Jurors and judges tend to consider professionals who are practicing more credible than experts who solely rely on court testimony.
It is also advisable to have an expert witness who specializes in the area of the legal malpractice. For instance a medical professional who is well versed in treating breast cancer could make a an argument more convincing regarding the reason for the plaintiff’s injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to refer your case.