10 Life Lessons That We Can Learn From Malpractice Case

How to File a Medical Malpractice Lawsuit

A medical malpractice lawsuit against a doctor or hospital must prove that the defendant has violated his or her obligation to patients. This can be evidence from hospitals and medical records.

Our lawyers have a wealth of expertise in obtaining depositions that are successful. These may be doctors or other medical professionals working in private practice, or employees at a hospital or clinic.

Negligence

Patients have the right to be treated with respect to certain standards when they visit a hospital, doctor or health care professional. Unfortunately the standards aren't always met, or even violated. The results of this breach can be devastating.

When someone is injured or death as a result of a physician's negligence, they can sue the medical professional. To be able to file a valid lawsuit, an injured patient must demonstrate four legal elements including breach of duty and causation and damages.

Malpractice is defined as an act committed by an individual doctor that is not in line with the norms of the medical profession and causes injury to patients. It is a subset of tort law that deals with civil violations that are not contractual duties or criminal offenses.

Medical negligence is different from normal negligence in that the party who suffers must demonstrate that the doctor was aware, or should have known, that their actions were likely to cause harm before they are able to claim malpractice. Normal negligence doesn't. For example an surgeon who accidentally creates a cut on a vein or nerve during surgery could be found guilty of negligence but not malpractice lawsuits as the doctor didn't intend to cause harm.

In a lawsuit for medical malpractice, the defendant has a legal obligation to treat the patient in accordance with the standard of care a reasonably prudent healthcare professional with comparable expertise and training in similar situations would provide. The breach of duty is significant because it shows that the negligence alleged caused the injury.

Damages

In a case of malpractice, damages are determined based on the losses you have suffered due to a physician's negligence. This can include both financial loss, such as the cost of future medical expenses as well as non-economic losses such as pain and suffering.

To recover damages, you must show that the doctor did not fulfill a duty of care, that the physician's deviation from the norm caused injury, and that this injury resulted in quantifiable financial consequences. This is a complex legal analysis, which usually requires expert witness testimony.

Certain of the losses can be observed quickly, for example when a mistake made by a doctor resulted in an infection or other medical issue which required additional treatment. Some damage is more difficult to identify for instance, when doctors misdiagnose your condition and you cannot get the right treatment.

You may sue for wrongful deaths in the event that a negligent doctor causes your death. In these claims you are entitled to all the benefits you could have gotten in a survival action as well as punitive damages.

In many states, there are limitations on what you can claim in a lawsuit for malpractice. These caps vary state-to-state and are usually applicable to both economic and non-economic damages. Some states have laws that limit the length of time you can delay before filing an action.

Time Limits

Like any lawsuit there are certain time frames that must be observed or the case could be dismissed. A malpractice suit must typically be filed between two and six years after the act occurred. The timeframe for filing a malpractice lawsuit varies by state.

The time period can be complicated and it is important to consult with an attorney right away. The law firm will conduct an investigation to determine whether a mistake occurred and whether it will be able to stand in the court. This phase can last for months or weeks.

Medical malpractice attorney cases are governed by different laws than other types of cases and typically, the statute of limitations is altered. For example, in Pennsylvania the patient must submit a claim within two years from the time they discovered the malpractice or when a reasonable individual should have realized the injury existed. This is called the discovery rule.

In certain states the statutes of limitations begin to run from the date that the medical error occurred. This could be an issue if the medical error doesn't cause immediate symptoms. For instance, suppose that an unintentionally negligent doctor leaves an object that is foreign in the body after surgery. The patient may not realize the foreign object until three or more years after the surgery. In that case, the statute of limitations could have expire from the date the surgery, not from the moment of discovery of the error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to clarify the facts of the case. An expert witness for the plaintiff will be able to testify about the doctor's duty of care to the patient and the medical standards for the region and specialization for this type of doctor with similar qualifications and expertise and the ways that the defendant violated the standards. The expert will also explain how the departure directly led to the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff's expert and give their professional opinion as to whether the doctor's actions met the requirements of medical care. It is common for experts to disagree with each other, but the fact finder determines who is the most trustworthy on their expertise and experience.

It is preferential for the expert to continue working in the medical field as they are more informed about current practice. Jurors and judges typically find practicing professionals more credible than experts whose only source of income is a testimony in court.

It is also advisable to use an expert witness that is specialized in the area of the legal malpractice. A medical professional who has had experience treating breast cancer for instance, could present a an argument that is convincing as to the reason for an injury. A medical malpractice lawyer in Ocala will know the best experts to talk to.