How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice law firm suit against a doctor or hospital must prove that the defendant breached his or her obligation to patients. This evidence can include hospital and medical records.
Our lawyers have years of experience in conducting effective depositions. They could be doctors or other medical professionals in private practice or work at a hospital or clinic.
Negligence
Patients have the right to be treated with respect to certain standards when they visit a doctor, hospital or health professional. Unfortunately the standards aren’t always adhered to or even observed. The consequences of this breach can be devastating.
A lawsuit can be brought against a medical professional if patients are injured or suffers a death due to the negligence of the doctor. To have a valid claim, the injured patient must demonstrate 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 medical professionals that is contrary to the norms of practice accepted in the medical community, and causes injury to the patient. It is a part of tort law that addresses civil wrongs and not criminal offences or contractual obligations.
Medical negligence is different from regular negligence because the victim must prove that the doctor was aware that their actions could cause harm to be able to claim malpractice, however normal negligence doesn’t. A surgeon who accidentally nicks or cuts an artery or nerve during surgery is guilty of negligence, but not malpractice. This is because the doctor didn’t intend to harm anyone.
In the case of medical negligence the defendant’s obligation is to treat the patient according with the standard of care that a reasonably qualified health professional with similar experience and qualifications could provide in similar situations. The violation of this duty is a critical element since it proves that the alleged negligence caused the injury.
Damages
In a malpractice lawsuit, damages are based on the losses you suffered as a result of the negligence of a doctor. This can include both financial losses, including future medical costs, as well as non-economic damages like pain and discomfort.
To be able to claim damages, it is essential to demonstrate that a doctor did not fulfill an obligation and that his deviance from the standard of care led to injuries, and that the injury resulted in financial losses that are quantifiable. This is a complex legal analysis that typically requires expert witness testimony.
Some of these losses are evident like when your doctor made an error that caused an illness or other medical issue, and you needed additional treatment because of it. Other damages aren’t as evident, like when your doctor is unable to diagnose you correctly, and you’re unable to receive the right treatment.
You are able to sue for wrongful-death when a doctor’s negligence caused your death. You can seek punitive damages in addition to the money you’d receive in a survival lawsuit.
In a majority of states, there are limits on what you can receive in a malpractice claim. These caps vary from state to state and are often applicable to both economic and other damages. Some states have laws that limit the amount of time you can delay before filing a lawsuit.
Time Limits
As with any lawsuit there are deadlines that must be observed or the case could be thrown out. A malpractice suit must typically be filed between two and six years after the malpractice occurred. The specific time limit varies by state.
The time period can be complicated, so it is vital to consult with a lawyer right away. The law firm will conduct an investigation to determine if malpractice has occurred and if it will hold up in court. This stage takes months or weeks.
Medical malpractice cases are governed by different laws, and the statute of limitations is often modified. For example, in Pennsylvania a patient must submit a claim within two years from the day they discovered 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 limitations begin to expire on the date on which the medical error occurred. This could be problematic if the act does not immediately trigger symptoms. As an example, suppose an unintentionally negligent doctor leaves an object that is foreign in the body following surgery. The patient may not realize the object until three years after the procedure. In that case the statute of limitations might have started to run from the date of the surgery, not from the time of discovery of the error.
Expert Witnesses
Expert witnesses are often required to explain facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding doctors’ obligations to the patient, the medical standards for physicians with similar qualifications in their area and specialty and the ways the defendant deviated from the standard. The expert will then explain how the deviance directly caused the patient’s injury.
The defendant will engage an expert to challenge the plaintiff’s expert and offer their professional opinion on whether or not the doctor was in compliance with the standards of care. It is not uncommon for experts to disagree with each and yet the factfinder decides who is the most trustworthy on their knowledge and experience.
It is advisable for the expert to remain working in the medical profession since they are more informed about current practice. Judges and jurors tend to consider professionals who are practicing more credible than experts who rely only on court testimony.
It is also preferable to use an expert witness who specializes in the field of fraud. A medical expert with prior experience treating breast cancer for instance, can provide an argument that is convincing regarding the cause of an injury. A medical malpractice lawyer in Ocala will know the best experts to talk to.