Bringing a medical malpractice suit against a hospital or doctor requires evidence that the defendant violated his or her obligation to patients. This evidence could include hospital and medical records.
Our lawyers have experience taking depositions that are effective for witnesses. They could be doctors or other medical professionals in private practice, or employees at a hospital or clinic.
Negligence
Patients are entitled to receive certain standards of care when they visit a hospital, doctor or health professional. Unfortunately they aren't always met or even violated. This breach could have devastating results.
When someone is injured or death as a result of a physician's malpractice, they may file a lawsuit against the medical professional. To be able to make a valid claim, the patient must prove that four legal elements are present in the case: breach of duty, causation, and damages.
Malpractice is defined as an act or omission by medical professionals that is contrary to the norms of practice accepted in the medical community, and results in injury to the patient. It is a part of tort law, which addresses civil wrongs not criminal offenses or contractual duties.
Medical negligence differs from normal negligence in that the person who is injured must prove that the doctor was aware that their actions would cause harm in order to be able to claim malpractice legal, however normal negligence is not required. For example the surgeon who cuts a vein or nerve during surgery could be found in the wrong of negligence, but not malpractice as the doctor was not aiming to cause harm.
In a medical malpractice legal case the defendant is under a duty to treat the patient according to the standard of care that a reasonably competent healthcare professional with similar knowledge and experience in similar situations would provide. The breach of this duty is a crucial aspect since it shows that the negligent act caused the injury.
Damages
In a case of malpractice lawyers, damages are determined based on the losses you have suffered caused by a doctor's negligence. This could include financial losses, like future medical expenses, as well as non-economic damages such as discomfort and pain.
In order to obtain damages, it is necessary to prove that a doctor violated an obligation, that his deviation from the standard of care resulted in injury, and that the injury had quantifiable financial consequences. This is a complex legal analysis that usually requires expert witness testimony.
Some of these losses are evident for instance, if a doctor made an error that resulted in an infection or other medical complications and you required further treatment due to the result. Certain damages are more difficult to identify in the event that the doctor is unable to diagnose your condition and you are unable to receive the correct treatment.
If your doctor's malpractice causes you to die then you can sue for wrongful death. You can claim punitive damages in addition to the compensation you would receive in a survival lawsuit.
In most states, there are limits to the amount you can recover in a legal case. The caps differ by state and typically apply to both economic and non-economic damages. Certain states have laws that limit how long you have to wait before filing a lawsuit.
Time Limits
As with any lawsuit there are deadlines that must be adhered to or the case may be barred. A malpractice lawsuit must generally be filed between two and six years after the malpractice occurred. The timeframe for filing a lawsuit differs by state.
It is essential to speak with an attorney as soon as possible. The law firm will investigate to determine if there was malpractice and if the case could be heard in the court. This stage can take up to a few weeks or even months.
Medical malpractice claim cases have different laws than other types of cases, and often the statute of limitation is modified. In Pennsylvania the statute of limitations for Malpractice Compensation medical malpractice is two years from the date that they were aware of the malpractice lawyers. This is referred to as the discovery rule.
In some states the statutes of limitations begin to expire on the date when the medical error occurred. This is an issue if the error does not immediately cause symptoms. Consider, for instance, that a doctor has negligently left a foreign body in the patient's body after surgery. The patient may not realize the foreign object until at least three years after surgery. In that case, the statute of limitations could have begun to run from the date of the surgery instead of the moment the error was discovered.
Expert Witnesses
A lot of medical malpractice compensation (new post from Go Taocms) cases rely on expert witnesses to clarify the facts of the case. A plaintiff's expert witness will be able to testify about the doctor's duty of providing medical care to the patient as well as the standards of medical care in the region and specialty for the type of doctor with the same qualifications and experience and the ways that the defendant violated the standards. The expert will then describe how the departure directly caused the injury suffered by the patient.
The defendant will engage an expert to challenge the plaintiff's expert and provide their professional opinion as to whether the doctor met the standard of care. Experts could differ however the fact-finder determines which expert is the most reliable.
It is more beneficial for the expert to be working in the medical field, because they'll have more knowledge of the current practice. Jurors and judges often find practicing professionals more credible than experts whose sole source of income is a testimony in court.
It is also recommended to choose an expert who has specialized in the field of malpractice. For instance a medical professional who is experienced in treating breast cancer can make an even more convincing case for the cause of the plaintiff's injury. A knowledgeable Ocala medical malpractice attorney will know which experts to refer your case.
