Ten Malpractice Case That Will Actually Help You Live Better

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor must prove that the defendant violated his or her duty to patients. This could include hospital and medical records.

Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors or other medical professionals in private practice, or staff members at a hospital or clinic.

Negligence

Patients are entitled to be treated with respect to certain standards when they visit a doctor, hospital or health care professional. Unfortunately, these standards are not always met or even violated. This breach could have devastating consequences.

When someone suffers injury or death because of a doctor's malpractice, they may pursue a lawsuit against the medical professional. To have a valid case, the person who was injured must prove four legal elements which are breach of duty, duty, causation and damages.

Malpractice can be defined as an action by a doctor that is outside the accepted norms of the medical field and can cause harm to a patient. It is a subset of tort law that deals with civil violations that are not legal obligations or criminal offenses.

Medical negligence differs from normal negligence because the injured party must prove that the physician was aware that their actions would cause harm to assert malpractice, however normal negligence is not required. A surgeon who accidentally nicks or cuts the nerve or vein during surgery is guilty of negligence, but not malpractice. This is because the surgeon did not intend to harm anyone.

In the case of medical negligence the defendant's obligation is to treat the patient in line with the standards of care a prudent health care professional of similar experience and training would offer in similar circumstances. The breach of duty is important because it shows that the alleged negligence caused the injury.

Damages

In a malpractice lawsuit, damages are determined by the losses you sustained due to a doctor's negligence. This could include financial losses, including future medical bills, and non-economic damages such as pain and discomfort.

To recover damages, it is essential to prove that a doctor violated the duty of care 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 difficult legal analysis that typically requires expert witness testimony.

Some of these losses are evident like when your doctor made an error that led to an infection or other medical complications and you needed to seek additional treatment because of it. Other damage isn't as evident, for instance, if your doctor has misdiagnosed you and you are unable to receive the proper treatment.

If a doctor's error leads to your death, you can sue for the wrongful death. You may be able to claim punitive damages in addition the compensation you'd receive in a case of survival.

In many states, there are restrictions on the amount you can be awarded when you file a claim for malpractice. The caps differ from state to state and are often applicable to both financial and other damages. Some states also have rules that limit how long you can wait to make a claim.

Time Limits

As with all lawsuits, there are time limits which must be adhered to or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the incident occurred. The time limit differs by state.

The time frame can be complex and it is essential to consult with an attorney right away. The law firm will investigate to determine if there was any malpractice and if the case could be heard in the court. This stage takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and the statute of limitations is modified. In Pennsylvania the statute of limitations for medical malpractice is two years from the time that they realized the error. This is called the discovery rule.

In other states, the statute of limitations starts at the time the malpractice happened. This could be an issue if the medical malpractice does not cause any immediate symptoms. Consider, for instance, that a doctor negligently left a foreign body inside the body of a patient following surgery. The patient may not discover the foreign object until at least three years after the surgery. In that scenario the statute of limitation could have begun to run from the date of the procedure, not the moment the error was discovered.

Expert Witnesses

Expert witnesses are often required to explain facts in medical malpractice cases. The expert of the plaintiff will testify about the duty of the doctor towards the patient, the medical standards for physicians who have similar qualifications in the field and field, and the ways that the defendant's actions were contrary to the standards. The expert will then explain how the departure directly contributed to the injury of the patient.

The defendant will employ an expert to challenge the plaintiff’s expert, and provide their professional opinion as to whether the doctor met the requirements of medical care. The experts may disagree but the fact-finder will decide which expert is the most trustworthy.

It is best for the expert to continue working in the medical field as they are more informed about current practice. Judges and jurors tend to find practicing professionals more credible than experts who rely only on the testimony of a court.

It is also beneficial to have an expert witness who specializes in the area of the negligence. A medical professional with prior experience treating breast cancer for example, can make an argument convincingly as to the cause of an injury. A seasoned Ocala medical malpractice attorney will be aware of which expert witnesses to call for your case.