How to File a Medical Malpractice Lawsuit
In bringing a medical malpractice suit against a doctor or hospital requires evidence that the defendant violated his or her obligation to patients. This evidence may include medical and hospital records.
Our attorneys have a wealth of experience in taking depositions that are effective. They may be doctors, other medical professionals in private practice, or working at a clinic or hospital.
Negligence
If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical care. Unfortunately the standards aren’t always met or even violated. The results of this breach can be devastating.
A lawsuit can be filed against a medical professional if a patient is injured or dies due to the malpractice of the doctor. To be able to file a valid lawsuit the injured person must prove four legal elements: duty, breach, causation and damages.
Malpractice can be defined as an act committed by doctors that goes against the accepted norms within the medical profession and results in harm to the patient. It is a subset of tort law which covers civil wrongs that are not legal obligations or criminal offenses.
Medical negligence is distinct from regular negligence in that the victim must prove that the doctor knew or should have known that their actions could cause harm to be able to claim malpractice, however normal negligence does not. For instance, a surgeon who accidentally nicks a nerve or vein during surgery is negligent, but not malpractice because the doctor didn’t intend to cause harm.
In the case of medical negligence, the defendant’s duty is to treat the patient in accordance with the standard of care that a knowledgeable health professional with similar experience and education would provide in similar circumstances. The violation of this duty is an essential element since 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 doctor’s negligence. This can include both financial losses, like future medical costs, and non-economic damages like pain and discomfort.
To recover damages, it is essential to show that a doctor has violated the law, that his deviation from the standard of care led to injury, and the injury had quantifiable financial consequences. This is a complicated legal process that usually requires expert witness testimony.
Some of these losses are evident for instance, if a doctor made a mistake that led to an infection or medical condition, and you needed additional treatment because of it. Other damage isn’t as evident, like when your doctor is unable to diagnose you correctly, and you’re unable to get the correct treatment.
You can sue wrongful death when a doctor’s negligence caused your death. You may be able to claim punitive damages in addition the compensation you’d receive in a survival suit.
In the majority of states, there are limitations to the amount you can get when you file a claim for malpractice. These caps vary from state to state and are generally applicable to both economic and other damages. Certain states have laws that limit the amount of time you can delay before filing an action.
Time Limits
As with any lawsuit, there are specific time limits which must be adhered to or the case may be barred. Generally speaking, a malpractice lawsuit must be filed within two to six years from the medical malpractice occurring. The deadline varies according to state.
It is crucial to consult an attorney as soon as you can. The law firm will conduct an investigation to determine whether a mistake occurred and if it will be found to be valid in the court. This phase can last for several weeks or even months.
Medical malpractice cases are governed by different laws and the statute of limitations is usually modified. In Pennsylvania, a patient has two years from the time that they realized the malpractice. This is referred to as the discovery rule.
In other states the statute of limitations starts to run from the date the malpractice occurred. This can be a problem when the malpractice doesn’t immediately cause symptoms. For instance, suppose that an unintentionally negligent doctor leaves a foreign object in the body following surgery. The patient might not find the object until three years after the procedure. In this case, 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
Many medical presidio malpractice lawsuit cases rely on experts to explain the details of the case. The expert of the plaintiff will testify on the doctor’s duty to the patient, the medical standards for doctors who have similar qualifications in the same area as well as the specific ways in which the defendant departed from the standards. The expert will explain how the deviation directly led to the injury of the patient.
The defendant will employ a professional to counter the plaintiff’s expert, and then provide their professional opinion on whether the doctor met the standards of care. It is normal for experts to disagree with one and yet the factfinder decides who is the most reliable based on their expertise and experience.
It is advisable for the expert to remain working in the medical profession since they are more knowledgeable about the current practices. Judges and jurors often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.
It is also recommended to have an expert witness who is skilled in the area of the legal malpractice. For example a medical professional who is well versed in treating breast cancer can make an even more convincing case for the reason for the plaintiff’s injury. A medical Madison Malpractice Law Firm attorney in Ocala will know the best experts to talk to.