How to File a Medical Malpractice Lawsuit
To bring a medical malpractice lawsuit against a doctor or a hospital you must prove that the defendant has violated their duty to patients. This evidence could include medical and hospital documents.
Our lawyers are adept at conducting effective depositions of witnesses. They could be doctors or other medical professionals working in private practice, or even staff members at a hospital or clinic.
Negligence
Patients are entitled to receive certain standards of care when they visit a doctor, hospital, or health care professional. However, in a few instances these standards are not met, or even breached. The results of this breach could be devastating.
If someone is injured or suffers death because of a doctor’s negligence, they could file a lawsuit against the medical professional. To be able to make a valid claim, the injured patient must demonstrate that there are four legal elements in place: duty, 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 community and results in injury to the patient. It is a part of tort law that deals with civil wrongs and not criminal offences or contractual obligations.
Medical negligence differs from normal negligence in that the victim must prove that the physician knew or should have known that their actions could cause harm to claim malpractice, but normal negligence is not required. A surgeon who accidentally cuts or nicks a vein or nerve during surgery is guilty of negligence but not negligence. This is because the surgeon didn’t intend to hurt anyone.
In the event of a medical kent malpractice lawsuit lawsuit the defendant’s obligation is to provide the patient with the standard of care a competent health professional with similar experience and qualifications would provide in similar circumstances. The breach of duty is significant because it shows that the alleged negligence caused the injury.
Damages
The damages in a malpractice case are determined by the losses you have suffered due to the negligence of a physician. These could include both financial losses, such as the cost of future medical expenses, and non-economic losses like suffering and pain.
To recover damages, you have to prove that the doctor violated the duty of care, that the physician’s deviation from the standard resulted in injury, and this injury resulted in quantifiable financial consequences. This is a complex legal process that usually requires expert witness testimony.
Some of these losses are evident, such as if your doctor made a mistake that led to an infection or other medical problem that required additional treatment as a result. Certain damages are more difficult to see in the event that the doctor is unable to diagnose your condition and you do not receive the correct treatment.
If the negligence of your doctor causes you to die and you are unable to sue, you may be able to sue for the wrongful death. In these cases, you are entitled to the same amount you could have gotten in a survival action in addition to punitive damages.
In most states there are limitations on the amount you can recover in a legal case. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the time you have to wait before filing an action.
Time Limits
Like any lawsuit, there are time limits which must be followed or the case could be barred. A malpractice lawsuit must generally be filed between two and six years after the act occurred. The timeframe for filing a malpractice lawsuit differs by state.
The time frame can be complex and it is essential to consult with a lawyer right away. The law firm will conduct an investigation to determine whether a mistake was committed and if it could be accepted in court. This process can take up to a few weeks or even months.
Medical malpractice cases are governed by different laws, and the statute of limitations is frequently altered. In Pennsylvania the patient is entitled to two years from the date that they realized the negligence. This is called the discovery rule.
In certain states the statutes of limitations begin to expire on the date the medical error occurred. This can be a problem if the medical malpractice does not cause any immediate symptoms. Imagine, for instance that a doctor has negligently left a foreign body inside the patient’s body after surgery. The patient might not discover the object until three years after the surgery. In this case the statute of limitations could have begin running from the date of the procedure, not the moment the error was discovered.
Expert Witnesses
Many medical whiting Malpractice Attorney cases depend on expert witnesses to help present the facts of the case. An expert witness for a plaintiff will discuss the doctor’s obligation of providing medical care to the patient and the medical standards for the region and specialization for doctors who has similar qualifications and abilities and the ways that the defendant deviated from the standards. The expert will explain why the defendant’s omission directly impacted the victim’s injury.
The defendant will employ an expert to counter the plaintiff’s expert and provide their professional opinion about whether the doctor was able to provide the required care. It is common for the experts to disagree with each however the fact finder decides who is the most trustworthy based on their education and experience.
It is preferential for the expert to working in the medical field as they will have a more knowledge of the current practice. Judges and jurors often find practicing professionals more credible than experts whose sole source of income is the testifying in court.
It is also beneficial to use an expert witness who specializes in the area of the fraud. A medical professional who has experience treating breast cancer, for instance, can provide an argument that is convincing as to the reason for an injury. A medical malpractice attorney in Ocala will know the best experts to talk to.