How to File a Medical Malpractice Lawsuit
In order to bring an action for medical Provo malpractice lawsuit against a doctor or a hospital you must prove that the defendant has violated their obligation to patients. This evidence can include hospital and medical records.
Our attorneys have a wealth of experience in taking effective depositions. They could be doctors, other medical professionals working in private practice, or employees at a clinic or hospital.
Negligence
When a patient sees a doctor or hospital professional they are entitled to certain standards of medical care. Unfortunately, in some instances these standards are not adhered to or even breached. The results of this breach could be devastating.
If someone is injured or suffers death as a result of a doctor’s negligence, they could sue the medical professional. In order to file a valid claim, the injured patient must prove that there are four legal elements present in the case: breach of duty, causation and damages.
Malpractice is defined as an act or omission by an individual physician that is in violation of the accepted norms of practice within the medical profession, and causes injury to the patient. It is a subset of tort law, which deals with civil wrongs that do not fall under legal obligations or criminal offenses.
Medical negligence is distinct from regular negligence in that the person who is injured must show that the doctor was aware that their actions would cause harm in order to prove grants malpractice lawsuit, whereas normal negligence does not. For example the surgeon who cut a vein or nerve during surgery could be considered negligent, but not malpractice since the surgeon did not intend to cause harm.
In a case of medical glenview malpractice attorney the defendant is under a legal obligation to treat the patient according to the standards of care that a reasonably prudent healthcare professional with the same knowledge and experience in similar circumstances would provide. The breach of this duty is a crucial aspect since it shows that the alleged negligence caused the injury.
Damages
In a malpractice lawsuit, damages are based on the losses you sustained as a result of the negligence of a doctor. This could include financial losses, like future medical costs, and non-economic damages such as pain and discomfort.
To recover damages, it is necessary to establish that a doctor acted in violation of the law, that his deviation from the standard of care led to injury, and that the injury had quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.
Some of these losses can be identified immediately, for example when a mistake made by a doctor resulted in an infection or other medical complications which required additional treatment. Other damage isn’t as obvious, for instance if your doctor has misdiagnosed you and you’re unable to receive the proper treatment.
You can sue wrongful death if your doctor’s negligence causes your death. In these cases, you are entitled to everything you would have gotten in a lawsuit for survival as well as punitive damages.
In the majority of states, there are limitations on the amount you can recover in a legal case. These caps vary by state and usually apply to both economic and non-economic damages. Certain states also have rules that restrict the time you have to wait to file a lawsuit.
Time Limits
As with any lawsuit there are certain time limits which must be adhered to or the case will be dismissed. Generally speaking, a medical malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a lawsuit is determined by the state.
It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was a mistake and if the case can be heard in the court. This can take months or even weeks.
Medical malpractice cases are governed by different laws and the statute of limitations is frequently altered. For example in Pennsylvania the patient must file a claim within 2 years from the time they realized the malpractice or the date a reasonable person should have realized the injury existed. This is known as the discovery rule.
In certain states the statutes of limitation start to run on the date on which the medical error occurred. This can be a problem if the medical error does not cause immediate symptoms. Imagine, for instance that a doctor mistakenly left a foreign object in the patient’s body after surgery. The patient may not realize the foreign object until at least three years after surgery. In this situation, the statutes of limitations could have been beginning from the date of surgery, not the discovery of error.
Expert Witnesses
Expert witnesses are frequently called upon to clarify the facts in medical malpractice cases. An expert witness for the plaintiff will be able to testify about the doctor’s duty of care to the patient, the medical standards in the region and specialization for the type of doctor with similar qualifications and expertise and the ways that the defendant deviated from the standards. The expert will describe how the defendant’s departure directly impacted the victim’s injury.
The defendant will engage a professional to counter the plaintiff’s expert, and give their professional opinion regarding whether the doctor met the guidelines of care. Experts may differ however the fact-finder determines which expert is the most credible.
It is better for an expert to be working in the medical field because they will have better knowledge of current practices. Judges and jurors are likely to find practicing professionals more credible than experts who solely rely on the testimony of a court.
It is also advisable to have an expert who is specialized in the area of malpractice. For instance an expert in medical practice who is well versed in treating breast cancer could make a an argument more convincing regarding the reason for the plaintiff’s injury. A knowledgeable Ocala medical malpractice lawyer will know which experts to contact for your case.