How to File a Medical Malpractice Lawsuit
A medical midfield malpractice lawsuit lawsuit against a doctor or hospital requires proof that the defendant violated his or her duty to patients. This could include hospital and medical documents.
Our lawyers are adept at deposing witnesses in a professional manner. These may be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.
Negligence
When a patient goes to a doctor or hospital professional they are entitled to certain standards of medical care. However, in a few instances these standards are not met, or even breached. This breach could have devastating results.
When someone suffers injury or death because of a doctor’s negligence, they could sue the medical professional. To have a valid case, an injured patient must establish four legal elements: duty, breach, causation and damages.
Malpractice can be defined as an action by a doctor that is outside the accepted norms within the medical field and can cause harm to the patient. It is an aspect of tort law, which deals with civil wrongs that aren’t contraindicated by law or are criminal offenses.
Medical negligence is distinct from regular negligence because the injured party must prove that the doctor knew or should have known that their actions would cause harm to assert malpractice, however normal negligence does not. For example the surgeon who creates a cut on a vein or nerve during surgery is in the wrong of negligence, but not malpractice because the doctor was not aiming to cause harm.
In an instance of medical malpractice, the defendant’s duty is to treat the patient in accordance with the standards of care a knowledgeable health professional with similar experience and expertise could provide in similar situations. The violation of this duty is a crucial aspect because it proves that the alleged negligent behavior caused the injury.
Damages
Damages in a malpractice case are based on the losses you have suffered due to the negligence of a physician. This can include both financial losses, including future medical costs, as well as non-economic losses like discomfort and pain.
In order to obtain damages, it is necessary to establish that a doctor acted in violation of the law or obligation, and that his lapse from the standard of care caused injuries, and that the injury had quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.
Certain of these losses can be identified in a matter of minutes, for instance the case where a doctor’s error resulted in an infection or vimeo any other medical condition that require additional treatment. Some damage is more difficult to spot, such as when doctors misdiagnose your condition and you do not receive the correct treatment.
You can sue for wrongful death in the event that a negligent doctor causes your death. You can claim punitive damages in addition to the amount you would receive in a survival suit.
In many states, there are limitations on the amount you can recover in a malpractice case. These caps differ from state to state and are usually applicable to both economic and other damages. Certain states also have rules that limit the length of time you have to wait to file a lawsuit.
Time Limits
As with all lawsuits, there are deadlines that must be adhered to, or the case could be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six years after the medical malpractice occurring. The exact time frame is determined by the state.
It is important to consult an attorney as soon as you can. The law firm will conduct an investigation to determine if there was any malpractice and if the case will stand up in court. This phase can last for months or weeks.
Medical malpractice cases are subject to different laws and the statute of limitations is often modified. For example, in Pennsylvania the patient must file a claim within two years from the date they realized the malpractice or when a reasonable person should have realized the injury existed. This is known as the discovery rule.
In other states the statute of limitations starts at the time the lindon malpractice lawyer occurred. This is problematic if the act does not immediately trigger symptoms. Imagine, for instance, that a doctor mistakenly left a foreign body in the patient’s body after surgery. The patient might not be aware of the foreign object until three or more years after the surgery. In this instance the statute of limitations could have started in the year following the date of surgery rather than the time of discovery of an error.
Expert Witnesses
Many medical malpractice cases rely on experts to present the facts of the case. A plaintiff’s expert witness will testify about the doctor’s duty of providing medical care to the patient and the medical standards for the area and the specialization for doctors with similar qualifications and expertise and the manner in which the defendant’s actions were in violation of those standards. The expert will also explain how the deviation directly led to the patient’s injury.
The defendant will hire an expert to challenge the plaintiff’s expert and offer their professional opinion on whether the doctor met the standards of care. It is common for the experts to disagree with one and yet the fact finder decides who is most credible based on their experience and education.
It is preferential for the expert to remain working in the medical field as they are more knowledgeable about current practice. Jurors and judges typically consider professionals who are practicing more credible than experts who solely rely on court testimony.
It is also advisable to hire an expert witness who specializes in the field of legal malpractice. A medical professional with experience treating breast cancer, for instance, can present a an argument convincingly as to the cause of an injury. A medical malpractice attorney in Ocala knows which expert witnesses to consult.