How to File a Medical Malpractice Lawsuit
A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant violated his or her obligation to patients. This evidence may include medical and hospital documents.
Our lawyers have years of experience in taking effective depositions. They could be doctors, other medical professionals in private practice, or staff members at a clinic or hospital.
Negligence
If a patient is seen by a doctor or hospital professional they are entitled to certain standards of medical care. Unfortunately, in some instances these standards are not met, or even breached. The consequences of this breach can be devastating.
A lawsuit can be brought against a medical professional when an injured patient dies as a result of the negligence of the physician. To prove a case, the person who was injured must prove four legal elements that include breach of duty, breach of duty, damages and causation.
Malpractice is defined as an act or omission of an individual physician that is in violation of the accepted norms of practice in the medical community and causes injury to the patient. It is a section of tort law, which addresses civil wrongs not criminal offenses or contractual obligations.
Medical negligence is distinct from regular negligence in that the injured party must demonstrate that the doctor knew, or ought to have known that their actions were going to cause harm before they are able to claim malpractice. Normal negligence doesn’t. For example, a surgeon who accidentally cuts a vein or nerve during surgery could be negligent, but not malpractice as the doctor was not aiming to cause harm.
In a medical malpractice case the defendant is bound by a legal obligation to treat the patient according to the standards of care that a reasonably competent healthcare professional with comparable experience and education in similar circumstances would offer. The breach of this duty is a critical aspect because it proves that the alleged negligence caused the injury.
Damages
In a case of malpractice damages are calculated based upon your losses due to a physician’s negligence. This can include both financial losses, like future medical bills, and non-economic damages like discomfort and pain.
To claim damages, you have to prove that the doctor breached a duty of care, that the doctor’s deviation from that standard caused injury, and that the injury caused quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.
Some of these losses can be seen immediately, for example when a mistake made by a doctor resulted in an infection or other medical issue that require additional treatment. Other damages aren’t as apparent, such as when your doctor is unable to diagnose you correctly, and you are not able to get the correct treatment.
You may sue for wrongful deaths in the event that your doctor’s negligence results in your death. You may be able to claim punitive damages in addition to the amount you’d receive in a survival suit.
In most states there are limits on the amount you can recover in a gig Harbor malpractice lawsuit case. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states also have rules that restrict the time it takes to start a lawsuit.
Time Limits
As with any lawsuit there are time limits that must be followed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years of the occurrence of medical malpractice. The deadline for filing a malpractice lawsuit varies from state to state.
The time limit can be complicated, so it is vital to speak with a lawyer right away. The law firm will investigate to determine if there was a mistake and whether the case will be heard in the court. This phase can last for months or weeks.
Medical malpractice cases have different laws than other types of cases, and often the statute of limitation is extended. For instance in Pennsylvania the patient must submit a claim within two years from the time they were aware of the malpractice, or that a reasonable person should have realized the injury existed. This is called the discovery rule.
In some states the statutes of limitations begin to run from the date when the malpractice occurred. This is an issue if the medical mistake does not trigger any immediate symptoms. Imagine, for instance, that a doctor erroneously left a foreign body inside the patient’s body after surgery. The patient might not find the foreign object until three or more years after surgery. In this scenario, the statutes of limitations could have started beginning from the date of the procedure, not necessarily the discovery of error.
Expert Witnesses
A lot of medical malpractice cases rely on expert witnesses to help clarify the facts of the case. The expert of the plaintiff will testify on the duty of the doctor to the patient, medical guidelines for doctors with similar qualifications in their area and specialization, and the ways the defendant deviated from the standards. The expert will then describe how the deviation directly caused the injury of the patient.
The defendant will engage an expert to counter the plaintiff’s expert, and offer their professional opinion on whether or not the doctor met the standard of care. The experts may disagree, but the fact-finder decides which expert is most credible.
It is best for the expert to be working in the medical field because they are more knowledgeable about current practice. Judges and jurors tend to consider practicing doctors more trustworthy than experts who rely only on the testimony of a court.
It is also preferable to have an expert witness that is specialized in the area of the legal malpractice. For instance, a medical expert who is proficient in dealing with breast cancer can present a a more convincing argument about the cause of a plaintiff’s injury. A medical sonoma malpractice lawyer attorney in Ocala will know what experts to ask.