How to File a Medical Malpractice Lawsuit
In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical documents.
Our lawyers are adept at deposing witnesses in a professional manner. They may be doctors, other medical professionals who are in private practice or staff at a hospital or clinic.
Negligence
When a patient sees a doctor, hospital or health care professional is entitled to certain standards of medical care. Unfortunately, in some cases these standards are not being met or even breached. The consequences of this breach can be devastating.
When someone is injured or death as a result of a doctor’s placentia malpractice law firm, they may file a lawsuit against the medical professional. To be able to file a valid lawsuit the injured person must establish four legal elements that include breach of duty, breach of duty, causation and damages.
Malpractice is defined as an act or omission by medical professionals that is contrary to the norms of practice accepted in the medical community and inflicts harm on the patient. It is an aspect of tort law, which deals with civil violations that are not legally binding or criminal in nature.
Medical negligence is distinct from regular negligence because the injured party must prove that the physician was aware that their actions would cause harm in order to be able to claim malpractice, however normal negligence does not. For instance the surgeon who cut a vein or nerve during surgery is guilty of negligence but not malpractice as the doctor didn’t intend to cause harm.
In a lawsuit for medical malpractice the defendant is under the obligation of treating the patient in accordance with the standard of care that a reasonably competent healthcare professional with similar expertise and training in similar circumstances would provide. The violation of this duty is a critical aspect since it shows that the alleged negligence caused the injury.
Damages
The damages in a malpractice case are determined by the losses you suffered as a result of a doctor’s negligence. This can include both financial losses, such as the cost of future medical expenses, and non-economic losses such as pain and suffering.
To recover damages, it is necessary to show that a doctor has violated a duty and that his deviance from the standard of care resulted in injury, and the injury resulted in financial losses that are quantifiable. This is a complicated legal analysis that typically requires expert witness testimony.
Some of the losses can be observed immediately, for instance an error by a doctor led to an infection, or any other medical condition that required additional treatment. Other losses are not as evident, like when your doctor has misdiagnosed you and you are not able to get the correct treatment.
If your doctor’s malpractice causes you to die, you can sue for wrongful death. In these claims you’re entitled to everything you could have gotten in a survival lawsuit in addition to punitive damages.
In most states, there are limitations on the amount you can recover in a malpractice case. These caps vary from state to state and are generally applicable to both economic and other damages. Some states also have rules that restrict the time you have to wait to start a lawsuit.
Time Limits
Like any lawsuit there are time limits that must be followed or the case may be barred. A malpractice lawsuit must generally be filed between two and six years following the time when the mishap occurred. The timeframe for filing a lawsuit varies by state.
The time period can be complicated and it is important to speak with a lawyer immediately. The law firm will conduct an investigation to determine if there was malpractice and if the case could stand up in the court. This stage takes weeks or months.
Medical malpractice cases are governed by 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 malpractice. This is known as the discovery rule.
In other states, the statute of limitations begins at the time the malpractice occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. For instance, suppose that the doctor is negligently leaving an object that is foreign in the body following surgery. The patient might not be aware of the foreign object until three or more years after surgery. In this instance, the statutes of limitations could have begun beginning from the date of the procedure, not necessarily the time of discovery of an error.
Expert Witnesses
Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the duty of the doctor to the patient, medical standards for Vimeo doctors with similar qualifications in the same area and specialization, and the ways that the defendant’s actions were contrary to the standards. The expert will discuss why the defendant’s omission directly impacted the victim’s injury.
The defendant will employ an expert to counter the plaintiff’s expert and give their professional opinion on whether the doctor was able to provide the required care. It is normal for experts to disagree with each and yet the factfinder decides who is most credible based on their experience and education.
It is preferential for the expert to continue working in the medical profession since they are more informed about current practice. Judges and jurors are likely to find practicing professionals more credible than experts who solely rely on court testimony.
It is also recommended to hire an expert who has specialized in the area of malpractice. A medical professional who has prior experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. An experienced Ocala medical malpractice attorney will know which experts to call for your case.
