How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a doctor or hospital requires proof that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical records.
Our attorneys have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or employees at a clinic or hospital.
Negligence
Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. In some instances, these standards are not met, or even violated. The consequences of this breach could be devastating.
A lawsuit can be brought against a medical professional if patients are injured or dies because of the negligence of that doctor. To establish a case, the person who was injured must prove four legal elements which are breach of duty, duty, causation and damages.
Malpractice is defined as an action by doctors that goes against the accepted norms within the medical field and can cause harm to a patient. It is a component of tort law, which covers civil violations and not criminal offences or contractual duties.
Medical negligence is different from regular negligence in that the person who is injured must prove that the physician knew or should have known that their actions could cause harm to be able to claim malpractice, however normal negligence does not. For instance a surgeon who accidentally nicks a nerve or vein during surgery is considered negligent, but not malpractice as the surgeon did not intend to cause harm.
In the case of medical negligence the defendant's obligation is to treat the patient according with the standard of care that a competent health professional with similar experience and qualifications would provide in similar circumstances. The breach of this duty is a crucial element since it proves that the alleged negligence caused the injury.
Damages
In a case of malpractice damages are calculated based on your losses caused by a doctor's negligence. This can include both financial losses, including future medical costs, and non-economic damages such as discomfort and pain.
To be able to claim damages, it is necessary to demonstrate that a doctor did not fulfill the law and that his violation of the standard of care led to injuries, and the damage resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.
Some of these losses can be spotted in a matter of minutes, for instance, if a doctor's mistake caused an infection or any other medical condition which required additional treatment. Other losses are not as obvious, for instance if your doctor misdiagnoses you, and you are unable to receive the proper treatment.
You can sue wrongful death in the event that a negligent doctor causes your death. In these claims, you are entitled to everything you could have gotten in a survival case and punitive damages.
In many states, there are limits on the amount you can recover in a malpractice case. These caps vary by state and are usually applicable to both economic and non-economic damages. Some states also have rules that limit how long you can wait to file a lawsuit.
Time Limits
Like any lawsuit, there are deadlines that must be adhered to, or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit is determined by the state.
The time limit can be complex and it is essential to consult an attorney immediately. The law firm will investigate to determine if there was a mistake and if the case could stand up in the court. This phase can last for several weeks or even months.
Medical
malpractice attorneys cases have different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania patients are entitled to two years from the date that they realized the error. This is referred to as the discovery rule.
In some states the statutes of limitation begin to expire on the date that the medical error occurred. This could be a problem when the
malpractice does not immediately cause symptoms. Imagine, for instance, that a doctor has negligently left a foreign object in the body of the patient after surgery. The patient may not discover the foreign object until three or more years after the surgery. In that case the statute of limitations might have started to start running from the date of the procedure instead of the discovery of the error.
Expert Witnesses
Expert witnesses are frequently required to explain facts in medical malpractice cases. An expert witness for a plaintiff will be able to testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and the specialization for doctors with the same qualifications and experience and the ways the defendant violated those standards. The expert will discuss how the defendant's deviance directly caused the patient's injury.
The defendant will hire a professional to counter the plaintiff’s expert, and give their professional opinion about whether the doctor's actions met the guidelines of care. Experts may differ but the fact-finder will decide which expert is the most trustworthy.
It is more beneficial for the expert to working in the medical field since they'll have a greater understanding of current practice. Judges and jurors tend to find practicing professionals more credible than experts who rely solely on the testimony of a court.
It is also beneficial to get an expert witness who has expertise in the field of legal malpractice. A medical expert who has had experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. An experienced Ocala medical malpractice attorney will be aware of the experts to consult for your case.