15 Things You re Not Sure Of About Malpractice Case

How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This could include medical and hospital documents.

Our attorneys have extensive experience in conducting effective depositions. They may be doctors, other medical professionals working in private practice or are employed at a clinic or hospital.

Negligence

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

When someone suffers injury or death because of a doctor's malpractice, they may bring a lawsuit against the medical professional. To have a valid claim, the injured patient must demonstrate that four legal elements are present which include breach of duty, causation and damages.

Malpractice is defined as an action by a doctor that is outside the accepted norms in the medical profession and causes injury to patients. It is a subset of tort law that addresses civil wrongs that are not contraindicated by law or are criminal offenses.

Medical negligence is different from normal negligence in that the injured party has to demonstrate that the doctor knew, or ought to have known, that their actions were going to cause harm before they can claim malpractice. Normal negligence doesn't. For example the surgeon who creates a cut on a vein or nerve during surgery is considered negligent, but not malpractice since the doctor did not intend to cause harm.

In an instance of medical malpractice the defendant's responsibility is to treat the patient in line with the standard of care that a reasonably prudent health care professional of similar experience and expertise would provide in similar circumstances. The breach of duty is significant because it shows that the alleged negligent conduct caused the injury.

Damages

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

In order to obtain damages, you need to prove that a doctor violated the law, that his deviation from the standard of care resulted in injuries, and that the injury had quantifiable financial consequences. This is a complicated legal analysis that usually requires expert witness testimony.

Certain of these losses can be seen quickly, for example the case where a doctor's error caused an infection or other medical issue that required further treatment. Certain damages are more difficult to detect in the event that the doctor is unable to diagnose your condition and you are unable to receive the right treatment.

You can sue wrongful death if your doctor's negligence causes your death. You can claim punitive damages in addition to the amount you would get in a lawsuit for survival.

In most states, there are limitations on the amount you can recover in a malpractice case. The caps differ by state and are usually applicable to both economic and non-economic damages. Certain states have laws that limit the time you can wait before filing a lawsuit.

Time Limits

Like any lawsuit there are deadlines which must be adhered to or the case may be dismissed. In general, a malpractice lawsuit must be filed within two to six years of the medical malpractice that occurred. The time frame varies by state.

The time period can be complicated, so it is vital to consult with a lawyer right away. The law firm will conduct an investigation to determine if malpractice occurred and if it will be found to be valid in the court. This process takes months or weeks.

Medical malpractice cases involve different laws than other types of cases and often the statute of limitations is altered. In Pennsylvania, a patient has two years from the time that they discovered the negligence. This is called the discovery rule.

In certain states the statutes of limitation begin to expire on the date that the medical error occurred. This can be a problem if the medical mistake does not trigger any immediate symptoms. Consider, for instance, that a doctor mistakenly left a foreign object in the patient's body after surgery. The patient may not discover the foreign object until at least three years after the surgery. In this case, the statutes of limitations could have been beginning from the date of surgery rather than the time of discovery of an error.

Expert Witnesses

Many medical malpractice cases depend on expert witnesses to present the facts of the case. An expert witness for the plaintiff will testify on the doctor's duty to the patient, medical standards for physicians with similar qualifications in the area and field, and the ways in which the defendant's conduct was different from the standard. The expert will then describe how the deviation directly led to the injury suffered by the patient.

The defendant will employ an expert to challenge the plaintiff's expert and provide their professional opinion on whether the doctor was able to provide the required care. It is not uncommon for experts to differ with each however the factfinder determines who is most credible based on their experience and education.

It is best for the expert to be still working in the medical field since they are more knowledgeable about the current practices. Jurors and judges often consider practicing professionals more believable than experts whose sole source of income is a testimony in court.

It is also recommended to hire an expert witness who has expertise in the area of the negligence. A medical expert who has had experience treating breast cancer for example, can make an argument that is convincing as to the reason for an injury. A seasoned Ocala medical malpractice attorney will be aware of the experts to contact for your case.