How to File a Medical Malpractice Lawsuit
In order to bring a medical malpractice suit against a doctor or hospital you must prove that the defendant has violated their duty to patients. This evidence could include hospital and medical records.
Our lawyers have experience conducting effective depositions of witnesses. They could be doctors or other medical professionals in private practice or work at a hospital or clinic.
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 being met or even violated. This can cause devastating results.
A lawsuit can be filed against a medical professional when patients are injured or dies because of the negligence of the physician. To have a valid claim, the patient must prove that there are four legal elements in place in the case: breach of duty, causation and damages.
Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of practice in the medical field, and causes injury to the patient. It is a section of tort law that is concerned with civil wrongs but not criminal or contractual duties.
Medical negligence is distinct from regular negligence in that the injured party has to prove that the doctor was aware, or should have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence does not. For instance an surgeon who accidentally nicks a nerve or vein during surgery would be negligent, but not malpractice because the doctor didn’t intend to cause harm.
In the event of a medical malpractice lawsuit the defendant’s responsibility is to treat the patient according with the standards of care that a competent health professional with similar experience and expertise could provide in similar situations. The breach of duty is significant because it shows that the negligence alleged caused the injury.
Damages
The damages in a malpractice case are based on the losses you have suffered as a result of the negligence of a physician. This could include financial losses, including future medical bills, and non-economic damages, such as discomfort and pain.
To be able to claim damages, you must show that the doctor breached a duty of care, that the physician’s deviation from the norm caused injury, and that the injury was measurable in terms of financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Some of these losses are obvious, such as if your doctor made an error that caused an infection or medical condition and you required further treatment because of it. Some damage is more difficult to spot for instance, when a doctor misdiagnoses your condition and you are unable to receive the right treatment.
You can sue for wrongful death if your doctor’s negligence causes your death. You can seek punitive damages in addition to the compensation you’d receive in a case of survival.
In most states there are limitations on the amount you can recover in a fort meade malpractice attorney case. These limits vary from state to state, and are typically applicable to both economic and other damages. Certain states also have rules that restrict the time you have to wait to make a claim.
Time Limits
As with all lawsuits, there are time limits which must be followed or the case may be barred. Generally speaking, a medical malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The exact time frame is determined by the state.
It is important to consult an attorney as soon as possible. The law firm will investigate to determine if there was any malpractice and if the case could stand up in court. This phase can last for weeks or months.
Medical picayune malpractice attorney cases involve 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 date that they realized the malpractice. This is known as the discovery rule.
In some states, the statutes of limitations start to run on the date when the malpractice occurred. This could be an issue if the error doesn’t cause immediate symptoms. For instance, suppose that a doctor negligently leaves an object that is foreign in the body following surgery. The patient may not discover the foreign object until at least three years after surgery. In that scenario, the statute of limitations might have started to start running from the date of the surgery, not from the discovery of the error.
Expert Witnesses
Expert witnesses are frequently asked to provide facts in medical malpractice cases. A plaintiff’s expert will testify on the duty of the doctor to the patient, medical standards for doctors with similar qualifications in the same area as well as the specific ways in which the defendant’s conduct was different from the standard. The expert will then describe how the deviation directly contributed to the injury suffered by the patient.
The defendant will hire an expert to counter the plaintiff’s expert and give their professional opinion as to whether the doctor met the standard of care. It is common for experts to disagree with one other, but the fact finder decides who is the most trustworthy based on their expertise and experience.
It is recommended for the expert to be still working in the medical profession since they are more informed about current practice. Judges and jurors typically believe that practicing professionals are more credible than experts whose sole source of income is the testifying in court.
It is also advisable to use an expert witness who is skilled in the field of negligence. A medical professional who has prior experience treating breast cancer for instance, can provide a convincing argument as to the cause of an injury. A medical malpractice attorney in Ocala will know what experts to speak with.