How to File a Medical Malpractice Lawsuit
In order to bring a medical malpractice lawsuit against a hospital or doctor you must establish that the defendant has violated their duty towards patients. This evidence can include hospital and medical records.
Our lawyers have a wealth of expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice or staff at a hospital or clinic.
Negligence
Patients have a right to be treated with respect to certain standards when they visit a doctor, hospital, or health care professional. Unfortunately, in some cases these standards are not met, or even violated. The consequences of this breach can be devastating.
If someone suffers injury or death because of a doctor’s malpractice, they may sue the medical professional. To prove a case the injured person must establish four legal elements that include breach of duty, breach of duty, causation and damages.
Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical field, and can cause injury to the patient. It is a subset of tort law which covers civil wrongs that do not fall under legally binding or criminal in nature.
Medical negligence is distinct from normal negligence in that the party who suffers has to prove that the doctor was aware, or ought to have known, that their actions were going to cause harm before they are able to claim malpractice. Normal negligence is not a requirement. A surgeon who accidentally nicks or cuts one of the nerves or veins during surgery is guilty of negligence, but not malpractice. This is because the doctor did not intend to hurt anyone.
In a case of medical malpractice the defendant is bound by a legal obligation to treat the patient in accordance with the standards of care that a reasonably prudent healthcare professional with comparable experience and education in similar circumstances could provide. The violation of this obligation is a crucial aspect because it proves that the negligent act caused the injury.
Damages
In a Norwalk Malpractice Lawsuit (Vimeo.Com) case damages are determined based on the losses you have suffered caused by a doctor’s negligence. They can be a combination of financial loss, like the costs of future medical treatment, and non-economic losses like suffering and pain.
To recover damages, you must prove that the doctor violated a duty of care, that the physician’s deviation from the standard resulted in injury, and that this injury had quantifiable monetary consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Some of these losses are evident, such as if your doctor made an error that caused an illness or other medical issue that required additional treatment because of it. Some damages are more difficult to detect for instance, when doctors misdiagnose your condition and you don’t receive the proper treatment.
If your doctor’s malpractice causes you to die or death, you can file a lawsuit for wrongful death. You can seek punitive damages in addition to the money you would receive in a case of survival.
In most states there are limits on the amount you can recover in a legal case. These caps vary from state to state and are usually applicable to both financial and other damages. Certain states also have rules that limit the time it takes to make a claim.
Time Limits
As with any lawsuit there are deadlines that must be adhered to, or the case could be thrown out. Generally speaking, a malpractice lawsuit must be filed within two to six years of the medical malpractice arising. The timeframe for filing a lawsuit differs by state.
It is important to consult an attorney as soon as you can. The law firm will investigate to determine if there was any malpractice and if the case could stand up in court. This process takes several weeks or even months.
Medical malpractice cases are subject to different laws, and the statute of limitations is often altered. In Pennsylvania patients are entitled to two years from the date that they discovered the malpractice. This is called the discovery rule.
In other states, the statute of limitations starts at the time the malpractice occurred. This could be an issue if the malpractice does not cause any immediate symptoms. For instance, suppose that a doctor negligently leaves an object foreign to the body following surgery. The patient may not be aware of the object until three years after the surgery. In that case the statute of limitation might have started to start running from the date of the procedure instead of the time of discovery of the error.
Expert Witnesses
Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. A plaintiff’s expert witness will testify about the doctor’s duty of providing medical care to the patient, the medical standards in the region and specialty for this type of doctor who has similar qualifications and abilities and the ways the defendant deviated from those standards. The expert will describe how the defendant’s departure directly impacted the patient’s injuries.
The defendant will contract an expert to challenge the plaintiff’s expert, and give their professional opinion as to whether the doctor met the standards of care. It is normal for experts to disagree with each and yet the factfinder decides who is the most trustworthy on their experience and education.
It is preferential for the expert to be working in the medical field as they are more knowledgeable about current practices. Jurors and judges typically believe that practicing professionals are more trustworthy than experts who rely solely on the testimony of a court.
It is also better to work with an expert who is specialized in the area of malpractice. A medical professional with experience treating breast cancer, for instance, can provide an argument that is convincing as to the reason for an injury. A knowledgeable Ocala medical south pasadena malpractice law firm attorney will be aware of which expert witnesses to consult for your case.