This Story Behind Malpractice Case Will Haunt You Forever
How to File a Medical Malpractice Lawsuit
The filing of a medical malpractice lawsuit against a doctor or hospital requires evidence that the defendant has violated his or her duty to patients. This evidence could include medical and hospital records.
Our lawyers have years of experience in conducting effective depositions. These may be doctors or other medical professionals in private practice, or employees at a hospital or clinic.
Negligence
If a patient is seen by a doctor, hospital or health care professional they are entitled to certain standards of medical treatment. Unfortunately these standards aren't always met or even complied with. The consequences of this breach could be devastating.
A lawsuit may be filed against a medical professional if an injured patient dies due to the malpractice of the physician. To be able to make a legitimate claim, the injured patient must demonstrate that four legal elements are present such as breach of duty, causation and damages.
Malpractice is defined as an act or omission by a physician that deviates from the accepted norms of medicine within the medical profession, and Vimeo inflicts harm on the patient. It is an aspect of tort law that deals with civil violations that are not legal obligations or criminal offenses.
Medical negligence differs from normal negligence in that the victim must prove that the physician was aware or ought to have known that their actions would cause harm to claim malpractice, but normal negligence is not required. For instance an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found guilty of negligence but not malpractice because the surgeon did not intend to cause harm.
In a medical malpractice case, the defendant has a duty to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar experience and education in similar circumstances would provide. The breach of duty is crucial because it shows that the negligent act caused the injury.
Damages
In a malpractice lawsuit, damages are in relation to the losses you suffered due to the negligence of a physician. These can include both actual financial loss, like the expense of medical treatment in the future, and non-economic losses like suffering and pain.
To claim damages, you have to prove that the doctor breached a duty of care, that the physician's deviation from the norm caused injury, and that this injury had quantifiable monetary consequences. This is a complicated legal analysis that usually requires expert witness testimony.
Certain of these losses can be identified quickly, for example when a mistake made by a doctor caused an infection or other medical complications which required additional treatment. Other damages are less readily evident, like when your doctor misdiagnoses you, and you're unable to get the correct treatment.
You may sue for wrongful deaths when a doctor's negligence caused your death. You can claim punitive damages in addition to the amount you would receive in a case of survival.
In the majority of states, there are limits on the amount you can recover in a malpractice case. These limits vary from state to state and typically apply to both economic and non-economic damages. Certain states also have rules that restrict how long you can wait to bring a lawsuit.
Time Limits
As with all lawsuits there are deadlines to be adhered to or the case will be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice occurring. The timeframe for filing a malpractice lawsuit differs by state.
It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine whether a mistake has occurred and if it will be found to be valid in the 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 often modified. For example in Pennsylvania the patient has to file a claim within two years from the day they realized the malpractice or that a reasonable person would have known that the harm existed. This is called the discovery rule.
In other states, the statute of limitations begins at the time the malpractice happened. This can be an issue if the error doesn't cause immediate symptoms. For Vimeo example, suppose an unintentionally negligent doctor leaves an object foreign to the body after surgery. The patient may not realize the object until three years after the surgery. In that case, the statute of limitations could have begun to run from the date of the surgery, not from the moment of discovery of the error.
Expert Witnesses
Expert witnesses are often asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify regarding the doctor's duty to the patient, the medical guidelines for doctors who have similar qualifications in the field and specialization, and the ways in which the defendant's conduct was different from the standard. The expert will describe how the defendant's deviance directly impacted the patient's injuries.
The defendant will employ a professional to counter the plaintiff's expert, and provide their professional opinion as to whether the doctor was in compliance with the requirements of medical care. Experts could differ but the fact-finder will decide which expert is most credible.
It is better for an expert to be working in the medical field because they'll have better knowledge of current practices. Jurors and judges typically consider professionals who are practicing more credible than experts whose sole source of income is the testifying in court.
It is also advisable to hire an expert witness who has expertise in the area of the fraud. For instance, a medical expert who is knowledgeable about treating breast cancer can make an argument that is more convincing about the reason for the plaintiff's injuries. An experienced Ocala medical malpractice lawyer will be aware of which expert witnesses to refer your case.