10 Life Lessons We Can Take From Malpractice Case

How to File a Medical Malpractice Lawsuit

The filing of a medical malpractice lawsuit against a hospital or doctor must prove that the defendant has violated his or her obligation to patients. This could include medical and hospital documents.

Our attorneys are experienced at taking effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or working at a hospital or clinic.

Negligence

Patients have a right to be treated with respect to certain standards when they visit a hospital, doctor or health professional. In some instances, these standards are not being met or even violated. The consequences of this breach can be devastating.

If someone suffers injury or death as a result of a physician's negligence, they could bring a lawsuit against the medical professional. To prove a case, an injured patient must prove four legal elements that include breach of duty, breach of duty, damages and causation.

Malpractice is defined as the act or omission of medical professionals that is contrary to the accepted norms of medicine in the medical field, and results in injury to the patient. It is an aspect of tort law, which deals with civil wrongs that do not fall under legal obligations or criminal offenses.

Medical negligence is distinct from regular negligence in that the victim must prove that the doctor was aware or ought to have known that their actions would cause harm in order to be able to claim malpractice, however normal negligence is not required. For example the surgeon who nicks a nerve or vein during surgery could be guilty of negligence but not malpractice as the doctor was not aiming to cause harm.

In a medical malpractice case the defendant is under a legal obligation to treat the patient according to the standard of care a reasonably competent healthcare professional with similar expertise and training in similar circumstances would provide. The violation of this duty is a crucial element since it proves that the negligent act caused the injury.

Damages

Damages in a malpractice case are dependent on the losses you sustained due to negligence by a doctor. This can include both financial losses, like future medical costs, and non-economic damages, such as pain and discomfort.

To claim damages, you must prove that the doctor violated a duty of care, that the doctor's deviation from the standard of care caused injury, and the injury was measurable in terms of financial consequences. This is a complex legal analysis that typically requires expert witness testimony.

Some of these losses are obvious for instance, if your doctor made an error that resulted in an infection or medical condition and you required further treatment in the aftermath. Other losses are not as evident, for instance, if your doctor has misdiagnosed you and you are not able to receive the right treatment.

If a doctor's error causes you to die, you can sue for wrongful death. In these claims you're legally entitled to all the compensation you would have received in a survival case as well as punitive damages.

In most states, there are limits to the amount you can recover in a legal case. These caps differ from state to state and are often applicable to both financial and other damages. Certain states have laws that limit the amount of time you can delay before filing a lawsuit.

Time Limits

As with any lawsuit there are time limits which must be adhered to, or the case could be dismissed. A malpractice lawsuit should generally be filed between two and six years after the incident occurred. The timeframe for filing a malpractice lawsuit differs by state.

It is important to consult an attorney as soon as you can. The law firm will investigate to determine if there was any malpractice and if the case will stand up in court. This process can take several weeks or even months.

Medical malpractice cases are subject to different laws, and the statute of limitation is often modified. In Pennsylvania the patient is entitled to two years from the date that they were aware of the malpractice. This is known as the discovery rule.

In other states, the statute of limitations begins to run from the date the malpractice happened. This can be an issue if the mistake does not trigger any immediate symptoms. Imagine, for instance that a doctor erroneously left a foreign body inside the body of the patient following surgery. The patient might not discover the object until three years after the surgery. In this scenario, the statutes of limitations may have started at the time of the surgery, not the moment of identifying the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to help clarify the facts of the case. An expert witness for the plaintiff will provide testimony regarding the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and in the specialty of that type of physician with similar qualifications and expertise and the ways that the defendant deviated from those standards. The expert will describe the way in which the defendant's actions directly impacted the victim's injury.

The defendant will engage a professional to counter the plaintiff's expert and offer their professional opinion on whether the doctor met the guidelines of care. It is normal for experts to differ with each and yet the fact finder decides who is the most reliable based on their education and experience.

It is preferential for the expert to be still working in the medical field since they are more knowledgeable about the current practices. Jurors and judges typically find practicing professionals more credible than experts who solely rely on the testimony of a court.

It is also recommended to have an expert witness who is skilled in the area of the legal malpractice law firm. For instance, a medical expert who is proficient in treating breast cancer can provide an argument more convincing regarding the cause of an injury suffered by a plaintiff. A medical malpractice lawyer in Ocala will know what experts to talk to.