How to File a Medical Malpractice Lawsuit
In order to bring a medical malpractice suit against a physician or hospital, you must have evidence that the defendant has violated their duty to patients. This evidence could include hospital and medical records.
Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors, other medical professionals who are in private practice, or working at a clinic or hospital.
Negligence
When a patient goes to a doctor or hospital professional, they are entitled to certain standards of medical treatment. In some instances, these standards are not met, or even violated. The results of this breach could be devastating.
A lawsuit may be filed against a medical professional when the patient is injured or dies because of the negligence of the physician. To be able to file a valid lawsuit, the person who was injured must establish four legal aspects: duty, breach, causation and damages.
Malpractice is defined as an act by a doctor that is outside the accepted norms of the medical community and causes harm to patients. It is an aspect of tort law, which deals with civil wrongs that aren’t legally binding or criminal in nature.
Medical negligence is different from normal negligence in that the injured party has to prove that the doctor knew, or ought to have known, that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn’t. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not negligence. This is because the doctor did not intend to hurt anyone.
In the event of a medical new rochelle malpractice lawyer lawsuit the defendant’s responsibility is to treat the patient in line with the standard of care a competent health professional with similar experience and qualifications would offer in similar circumstances. The breach of duty is crucial because it demonstrates that the alleged negligence caused the injury.
Damages
The damages you incur in a case of malpractice are based on the losses you suffered as a result of negligence by a doctor. They can be a combination of financial losses, such as the costs of future medical treatment, and non-economic losses like pain and suffering.
In order to obtain damages, it is necessary to show that a doctor has violated a duty and that his violation of the standard of care led to injury, and the injury resulted in measurable financial costs. This is a complex legal analysis, which usually requires expert witness testimony.
Some of these losses are obvious, such as if your doctor made an error that led to an infection or other medical problem and you needed to seek additional treatment as a result. Some damage is more difficult to spot for instance, when an expert misdiagnoses your illness and you don’t receive the correct treatment.
If the negligence of your doctor 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 to the compensation you would receive in a case of survival.
In most states, there are limits on the amount you can recover in a malpractice case. These caps vary by state, and often apply to both economic and non-economic damages. Some states have laws that limit how long you have to wait before filing a lawsuit.
Time Limits
Like any lawsuit, there are time limits which must be observed or the case could be dismissed. Generally speaking, a malpractice lawsuit must be filed within two to six months of the medical malpractice arising. The timeframe for filing a lawsuit differs by state.
The time frame can be complex, and it is crucial to consult a lawyer right away. The law firm will investigate to determine if there was a mistake and if the case can stand up in the court. This process takes weeks or even months.
Medical malpractice cases are governed by different laws than other types of cases, and typically, the statute of limitations is altered. In Pennsylvania the patient is entitled to two years from the time when they first discovered the malpractice. This is referred to as the discovery rule.
In certain states the statutes of limitations begin to run on the date the malpractice occurred. This could be an issue if the medical mistake does not trigger any immediate symptoms. As an example, suppose a doctor negligently leaves a foreign object in the body following surgery. The patient may not be aware of the object until three years after the procedure. In this case the statute of limitation could have expire from the date the procedure instead of the moment the error was discovered.
Expert Witnesses
Expert witnesses are often called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify on doctors’ obligations to the patient, medical requirements for doctors with similar qualifications in the area and specialty and the ways the defendant deviated from those standards. The expert will then explain how the departure directly led to the injury of the patient.
The defendant will employ a professional to counter the plaintiff’s expert, and offer their professional opinion as to whether the doctor was in compliance with the requirements of medical care. The experts could disagree but the fact-finder will decide which expert is the most trustworthy.
It is recommended for the expert to be still working in the medical field since they are more knowledgeable about current practice. Judges and jurors are likely to consider practicing doctors more trustworthy than experts who rely solely on court testimony.
It is also beneficial to have an expert who is specialized in the field of Waupun Malpractice Attorney. A medical professional who has had experience treating breast cancer for instance, can present a a convincing argument as to the cause of an injury. A seasoned Ocala medical malpractice lawyer will be aware of which expert witnesses to contact for your case.