How to File a Medical Malpractice Lawsuit
In bringing a medical malpractice suit against a doctor or hospital must prove that the defendant violated his or her duty to patients. This evidence could include hospital and medical records.
Our lawyers have experience taking effective depositions of witnesses. They could be doctors, other medical professionals in private practice or work at a hospital or clinic.
Negligence
When a patient sees a doctor, hospital or health care professional, they are entitled to certain standards of medical care. Unfortunately, these standards are not always met, or even violated. The consequences of this breach could be devastating.
A lawsuit may be brought against a medical professional if patients are injured or dies as a result of the negligence of that doctor. To have a valid case, an injured patient must demonstrate four legal elements that include breach of duty, breach of duty, causation and damages.
Malpractice is defined as the act or omission of an individual physician that is in violation of the accepted norms of medicine within the medical profession, and can cause injury to the patient. It is an aspect of tort law which covers civil wrongs that do not fall under contraindicated by law or are criminal offenses.
Medical negligence differs from regular negligence because the injured party must prove that the doctor knew or should have known that their actions could cause harm in order to assert malpractice, however normal negligence does not. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery could be found negligent, but not malpractice since the doctor was not aiming to cause harm.
In a medical malpractice case the defendant's responsibility is to provide the patient with the standards of care a prudent health care professional of similar experience and qualifications could provide in similar situations. The breach of duty is significant since it establishes that the alleged negligent conduct caused the injury.
Damages
In a case of
oklahoma city Malpractice law firm damages are calculated based on your losses caused by a doctor's negligence. These can include both actual financial loss such as the costs of future medical treatment and non-economic losses, like suffering and pain.
In order to recover damages, you must show that the doctor did not fulfill a duty of care, that the physician's deviation from the standard of care resulted in injury, and that this injury resulted in quantifiable financial consequences. This is a complex legal analysis that typically requires expert witness testimony.
Certain of these losses can be identified in a matter of minutes, for instance, if a doctor's mistake caused an infection or other medical complications that required further treatment. Other damage isn't as apparent, such as when your doctor has misdiagnosed you and you're unable to receive the right treatment.
You can sue for wrongful death in the event that your doctor's negligence results in your death. You can claim punitive damages in addition to the money you would receive in a survival suit.
In the majority of states, there are limitations on the amount you can recover in a malpractice case. The caps differ from state to state, and are typically applicable to both financial and other damages. Certain states also have rules that limit how long you can wait to file a lawsuit.
Time Limits
Like any lawsuit, there are deadlines that must be observed or the case could be thrown out. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The deadline for filing a malpractice lawsuit varies from state to state.
It is important to consult an attorney as soon as possible. The law firm will conduct an investigation to determine if any malpractice was committed and if it could be found to be valid in the court. This process can take months or even weeks.
Medical malpractice cases are governed by different laws, and the statute of limitations is often modified. For instance in Pennsylvania a patient must file a claim within two years from the day they discovered the malpractice or when a reasonable person would have known that the harm existed. This is known as the discovery rule.
In other states, the statute of limitations begins to run from the date the malpractice happened. This is a problem if the medical mistake does not trigger any immediate symptoms. Imagine, for instance that a doctor negligently left a foreign body in the body of a patient following surgery. The patient might not discover the object until three years after the surgery. In this case, the statute of limitations could have begun to expire from the date the surgery, not from the time of discovery of the error.
Expert Witnesses
Expert witnesses are frequently asked to provide facts in medical malpractice cases. An expert witness for the plaintiff will testify on the duty of the doctor towards the patient, the medical requirements for doctors who have similar qualifications in the field as well as the specific ways that the defendant's actions were contrary to the standards. The expert will also explain how the defendant's deviance directly impacted the victim's injury.
The defendant will hire an expert to counter the plaintiff's expert and provide their professional opinion about whether the doctor was able to provide the required care. It is not uncommon for experts to disagree with one however the factfinder determines who is the most reliable based on their education and experience.
It is preferential for the expert to continue working in the medical field since they are more informed about current practice. Jurors and judges tend to consider practicing doctors more trustworthy than experts who rely only on court testimony.
It is also better to hire an expert who has specialized in the area of
bartow malpractice attorney. A medical professional who has expertise in treating breast cancer, for example, can make an argument that is convincing as to the cause of an injury. A knowledgeable Ocala medical malpractice attorney will know which experts to consult for your case.
