How to File a Medical Malpractice Lawsuit
The filing of a medical malpractice lawsuit against a hospital or doctor requires evidence that the defendant breached his or her duty to patients. This can be evidence from hospitals and medical records.
Our lawyers have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or even staff members at a hospital or clinic.
Negligence
When a patient goes to a doctor, hospital or health care professional is entitled to certain standards of medical treatment. Unfortunately the standards aren’t always met, or even violated. This can lead to devastating consequences.
A lawsuit can be filed against a medical professional if an injured patient dies because of the negligence of the doctor. To have a valid case, an injured patient must establish four legal elements that include breach of duty, breach of duty, damages and causation.
Malpractice can be defined as an action by a doctor that is outside the accepted norms within the medical field and can cause injury to patients. It is a subset of tort law that addresses civil wrongs that do not fall under contraindicated by law or are criminal offenses.
Medical negligence is different from regular negligence because the injured party must show that the doctor was aware or ought to have known that their actions could cause harm to be able to claim malpractice, however normal negligence doesn’t. For instance the surgeon who cut a vein or nerve during surgery would be considered negligent, but not malpractice since the doctor didn’t intend to cause harm.
In a case of medical malpractice the defendant has the obligation of treating the patient in accordance with the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar circumstances could provide. The violation of this duty is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.
Damages
In a case of Jackson Malpractice Attorney damages are calculated based on the amount you’ve suffered due to a doctor’s negligence. These can include both actual financial loss such as the cost of future medical expenses, and non-economic losses such as suffering and pain.
To claim damages, you must prove that the doctor did not fulfill a duty of care, that the physician’s deviation from the norm caused injury, and the injury was measurable in terms of financial consequences. This is a complex legal analysis that usually requires expert witness testimony.
Some of these losses are obvious for instance, if a doctor made an error that resulted in an infection or other medical problem and you required further treatment as a result. Other damages are less readily apparent, such as when your doctor is unable to diagnose you correctly, and you are unable to get the correct treatment.
You may sue for wrongful deaths in the event that a negligent doctor causes your death. In these cases you are legally entitled to all the compensation you could have gotten in a survival action, plus punitive damages.
In most states there are limits to the amount you can recover in a legal case. The caps differ by state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the amount of time you can delay before filing an action.
Time Limits
As with all lawsuits, there are time limits which must be followed or the case could be barred. A malpractice lawsuit is required to be filed between two and six years after the incident occurred. The specific time limit is determined by the state.
It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was any malpractice and if the case will be heard in court. This can take months or even weeks.
Medical oro valley malpractice law firm cases involve different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania, a patient has two years from the date that they realized the negligence. This is called 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 malpractice does not cause any immediate symptoms. Imagine, for instance that a doctor erroneously left a foreign body in the patient’s body after surgery. The patient may not be aware of the object until three years after the procedure. In this instance, the statutes of limitations could have begun in the year following the date of surgery, not the moment of discovery.
Expert Witnesses
Many medical malpractice cases rely on expert witnesses to explain the facts of the case. An expert witness for the plaintiff will testify regarding doctors’ obligations to the patient, the medical guidelines for doctors with similar qualifications in their area and specialty and the ways the defendant deviated from the standard. The expert will explain how the deviance directly contributed to the patient’s injury.
The defendant will employ a professional to counter the plaintiff’s expert, and offer their professional opinion as to whether the doctor’s actions met the guidelines of care. Experts may differ, but the fact-finder decides which expert is most credible.
It is better for the expert to be working in the medical field, as they will have a better knowledge of current practices. Judges and jurors often find practicing professionals more credible than experts whose only source of income is testifying in court.
It is also advisable to have an expert witness who has expertise in the area of the fraud. For example a medical professional who is knowledgeable about treating breast cancer could make a an even more convincing case for the reason for a plaintiff’s injury. An experienced Ocala medical blackfoot malpractice law firm lawyer will be aware of the experts to call for your case.