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How to File a Medical Malpractice Lawsuit
A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This could include hospital and medical records.
Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors, other medical professionals who are in private practice or work at a hospital or clinic.
Negligence
Patients have the right to receive certain standards of care when they visit a hospital, doctor, or health care professional. Unfortunately, in some instances these standards are not being met or even violated. The results of this breach can be devastating.
If someone suffers injury or death as a result of a physician's malpractice, they may sue the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements exist such as breach of duty, causation and damages.
Malpractice is defined as an act or omission of the physician that goes against the accepted norms of medicine in the medical field, and causes injury to the patient. It is a section of tort law, which is concerned with civil wrongs but not criminal or contractual duties.
Medical negligence is distinct from normal negligence in that the party who suffers has to prove that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For example the surgeon who cut a vein or nerve during surgery would be guilty of negligence but not malpractice as the doctor did not intend to cause harm.
In a medical malpractice case, the defendant has 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 offer. The breach of duty is significant because it proves that the alleged negligent conduct caused the injury.
Damages
In a malpractice case damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, like future medical costs, and non-economic losses like pain and discomfort.
To recover damages, you must show that the doctor breached a duty of care, that the doctor's deviation from the standard caused injury, and that the injury was measurable in terms of financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Some of these losses can be seen quickly, for example the case where a doctor's error resulted in an infection or other medical issue that required additional treatment. Some damages are more difficult to detect in the event that doctors misdiagnose your condition and you don't receive the correct treatment.
You may sue for wrongful deaths in the event that your doctor's negligence results in your death. You can claim punitive damages in addition to the compensation you would get in a lawsuit for survival.
In many states, there are restrictions on the amount you can be awarded when you file a claim for malpractice. These limits vary from state to state and are often applicable to both financial and other damages. Certain states have laws that limit how long you have to wait before filing a lawsuit.
Time Limits
Like any lawsuit, there are specific time frames that must be observed or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The deadline varies according to state.
The time limit is complicated and it is important to speak with an attorney right away. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in the court. This phase can last for several weeks or even months.
Medical malpractice cases have different laws than other types of cases and the statute of limitations is extended. For example in Pennsylvania the patient has to submit a claim within two years from the day they discovered the malpractice or that a reasonable person should have realized the injury existed. This is known as the discovery rule.
In other states the statute of limitations starts at the time the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body inside the body of the patient after surgery. The patient might not discover the object until three years after the surgery. In this situation the statute of limitations could have started beginning from the date of the procedure, not necessarily the moment of discovery.
Expert Witnesses
Many medical malpractice cases rely on expert witnesses to help present the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and the specialization for the type of doctor with the same qualifications and experience and the manner in which the defendant departed from those standards. The expert will explain how the defendant's deviance directly caused the patient's injury.
The defendant will engage an expert to challenge the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor met the requirements of medical care. The experts could disagree but the fact-finder is the one who decides which expert is most reliable.
It is best that the expert continue to be working in the medical field, as they will have a greater understanding of current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely only on court testimony.
It is also recommended to get an expert witness that is specialized in the area of the legal malpractice. A medical expert who has prior experience treating breast cancer for instance, can provide an argument that is convincing as to the cause of an injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to consult for your case.
A medical malpractice lawsuit against a doctor or hospital requires proof that the defendant breached his or her obligation to patients. This could include hospital and medical records.
Our attorneys are experienced at deposing witnesses in a professional manner. They could be doctors, other medical professionals who are in private practice or work at a hospital or clinic.
Negligence
Patients have the right to receive certain standards of care when they visit a hospital, doctor, or health care professional. Unfortunately, in some instances these standards are not being met or even violated. The results of this breach can be devastating.
If someone suffers injury or death as a result of a physician's malpractice, they may sue the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements exist such as breach of duty, causation and damages.
Malpractice is defined as an act or omission of the physician that goes against the accepted norms of medicine in the medical field, and causes injury to the patient. It is a section of tort law, which is concerned with civil wrongs but not criminal or contractual duties.
Medical negligence is distinct from normal negligence in that the party who suffers has to prove that the doctor was aware, or should have known that their actions were likely to cause harm before they can claim malpractice. Normal negligence doesn't. For example the surgeon who cut a vein or nerve during surgery would be guilty of negligence but not malpractice as the doctor did not intend to cause harm.
In a medical malpractice case, the defendant has 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 offer. The breach of duty is significant because it proves that the alleged negligent conduct caused the injury.
Damages
In a malpractice case damages are calculated based upon your losses due to a physician's negligence. This can include both financial losses, like future medical costs, and non-economic losses like pain and discomfort.
To recover damages, you must show that the doctor breached a duty of care, that the doctor's deviation from the standard caused injury, and that the injury was measurable in terms of financial consequences. This is a difficult legal analysis that usually requires expert witness testimony.
Some of these losses can be seen quickly, for example the case where a doctor's error resulted in an infection or other medical issue that required additional treatment. Some damages are more difficult to detect in the event that doctors misdiagnose your condition and you don't receive the correct treatment.
You may sue for wrongful deaths in the event that your doctor's negligence results in your death. You can claim punitive damages in addition to the compensation you would get in a lawsuit for survival.
In many states, there are restrictions on the amount you can be awarded when you file a claim for malpractice. These limits vary from state to state and are often applicable to both financial and other damages. Certain states have laws that limit how long you have to wait before filing a lawsuit.
Time Limits
Like any lawsuit, there are specific time frames that must be observed or the case will be dismissed. A malpractice lawsuit is required to be filed between two and six years after the malpractice occurred. The deadline varies according to state.
The time limit is complicated and it is important to speak with an attorney right away. The law firm will conduct an investigation to determine if there was any malpractice and if the case could stand up in the court. This phase can last for several weeks or even months.
Medical malpractice cases have different laws than other types of cases and the statute of limitations is extended. For example in Pennsylvania the patient has to submit a claim within two years from the day they discovered the malpractice or that a reasonable person should have realized the injury existed. This is known as the discovery rule.
In other states the statute of limitations starts at the time the malpractice occurred. This is a problem if the medical error does not cause immediate symptoms. Imagine, for instance, that a doctor negligently left a foreign body inside the body of the patient after surgery. The patient might not discover the object until three years after the surgery. In this situation the statute of limitations could have started beginning from the date of the procedure, not necessarily the moment of discovery.
Expert Witnesses
Many medical malpractice cases rely on expert witnesses to help present the facts of the case. An expert witness for a plaintiff will be able to testify about the doctor's duty of treating the patient with respect as well as the standards of medical care in the area and the specialization for the type of doctor with the same qualifications and experience and the manner in which the defendant departed from those standards. The expert will explain how the defendant's deviance directly caused the patient's injury.
The defendant will engage an expert to challenge the plaintiff’s expert, and then provide their professional opinion regarding whether the doctor met the requirements of medical care. The experts could disagree but the fact-finder is the one who decides which expert is most reliable.
It is best that the expert continue to be working in the medical field, as they will have a greater understanding of current practice. Judges and jurors tend to believe that practicing professionals are more trustworthy than experts who rely only on court testimony.
It is also recommended to get an expert witness that is specialized in the area of the legal malpractice. A medical expert who has prior experience treating breast cancer for instance, can provide an argument that is convincing as to the cause of an injury. A knowledgeable Ocala medical malpractice attorney will be aware of the experts to consult for your case.