Blogs
on June 17, 2024
How to File a Medical Malpractice Lawsuit
Bringing a medical malpractice suit against a doctor or hospital must prove that the defendant violated his or her obligation to patients. This could include hospital and medical records.
Our attorneys have extensive expertise in obtaining depositions that are successful. They could be doctors or other medical professionals in private practice, or even staff members at a hospital or clinic.
Negligence
When a patient visits a doctor or hospital professional is entitled to certain standards of medical treatment. Unfortunately they aren't always met or even violated. The results of this breach can be devastating.
A lawsuit can be brought against a medical professional if the patient is injured or dies because of the negligence of the doctor. To prove a case the injured person must prove four legal elements including breach of duty and causation and damages.
malpractice lawyers is defined as an act or omission by the physician that goes against the accepted norms of medical practice within the medical profession, and can cause injury to the patient. It is an aspect of tort law that addresses civil wrongs that are not legally binding or criminal in nature.
Medical negligence is different from normal negligence in that the victim has to prove that the doctor was aware, or should have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence is not a requirement. For example an surgeon who accidentally cuts a vein or nerve during surgery could be found considered negligent, but not malpractice as the doctor did not intend to cause harm.
In the case of medical negligence the defendant's responsibility is to treat the patient according with the standard of care that a prudent health care professional of similar experience and expertise could provide in similar situations. The breach of this obligation is a crucial element because it demonstrates that the alleged negligent behavior caused the injury.
Damages
In a malpractice case, damages are calculated based on the amount you've suffered as a result a doctor's negligence. This can include both financial losses, including future medical expenses, as well as non-economic damages, such as pain and discomfort.
To recover damages, you need to demonstrate that a doctor did not fulfill a duty, that his deviation from the standard of care led to injuries, and the damage had quantifiable financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Some of the losses can be observed immediately, for example, if a doctor's mistake resulted in an infection or any other medical condition that required additional treatment. Certain damages are more difficult to see for instance, when the doctor is unable to diagnose your condition and you don't receive the right treatment.
You can sue for wrongful death when a doctor's negligence caused your death. You can claim punitive damages in addition to the compensation you'd receive in a case of survival.
In most states, there is a limit on the amount you can be awarded in a malpractice claim. The caps differ from state to state and are usually applicable to both financial and other damages. Certain states have laws that limit how long you have to wait before filing an action.
Time Limits
Like any lawsuit there are deadlines that must be observed or the case could be barred. Generally speaking, a malpractice lawsuit must be filed within two to six months of the occurrence of medical malpractice. The timeframe for filing a malpractice lawsuit varies by state.
The time period can be complicated and it is important to consult a lawyer immediately. The law firm will conduct an investigation to determine if any malpractice has occurred and if it will be able to stand in court. This can take months or even weeks.
Medical malpractice cases have different laws than other types of cases, and often the statute of limitations is extended. For instance in Pennsylvania the patient has to submit a claim within two years from the time they discovered the malpractice or that a reasonable person would have recognized that the harm existed. This is known as the discovery rule.
In other states, the statute of limitations starts to run from the date the malpractice occurred. This could be an issue if the error is not immediately causing symptoms. Imagine, for example, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient may not be aware of the object until three years after the procedure. In this scenario the statute of limitations could have started at the time of the surgery, not the moment of discovery.
Expert Witnesses
Expert witnesses are frequently called upon to explain the facts in medical malpractice cases. The expert of the plaintiff will testify regarding the duty of the doctor towards the patient, medical standards for doctors with similar qualifications in their area as well as the specific ways that the defendant's actions were contrary to the standards. The expert will then explain how the deviance directly contributed to the patient's injury.
The defendant will engage a professional to counter the plaintiff's expert and then provide their professional opinion on whether the doctor's actions met the guidelines of care. It is normal for experts to differ with each and yet the factfinder determines who is the most trustworthy based on their experience and education.
It is recommended for the expert to be still working in the medical field since they are more knowledgeable about current practices. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely solely on court testimony.
It is also advisable to get an expert witness who has expertise in the area of the legal malpractice. For instance an expert in medicine who is experienced in dealing with breast cancer can present a an even more convincing case for the reason for the plaintiff's injuries. A medical malpractice attorney in Ocala will know what experts to speak with.