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Medical malpractice cases arise when the appropriate standard of care is violated, and the patient is harmed as a result of the inappropriate care. If successful, patients receive compensation for any damages caused by the sub-par care. 

Doctors and hospitals experience between 15,000 and 19,000 medical malpractice lawsuits annually in the USA. So, understanding the anatomy of these cases is vital to ensure appropriate care and protect their medical practice as well as their livelihoods, as Attorney Joseph Taraska explains below.

Who Can File Medical Malpractice Lawsuits

Any patient, the parents of a minor or the survivor of a deceased patient can file a medical malpractice lawsuit at any time for various reasons, the more common of which are as follows:

• Misdiagnosis or failure to diagnose
• Premature discharge from hospital
• Unnecessary surgery
• Surgical errors
• Failing to follow up
• Failing to act on test results or to order tests
• Leaving items inside a patient after surgery
• Prescribing the wrong medication or incorrect dosages
• Operating on the wrong body part
• Persistent pain after surgery
• Failure to adequately consider signs and symptoms
• Bedsores or pressure ulcers
• Failure to diagnose life-threatening infections

What Does a Medical Malpractice Case Involve

These lawsuits involve the following parties:

• The plaintiff is typically the patient. However, they can designate someone to act on their behalf. In the legal world, it’s the person who takes the case to court
• The defendant is the healthcare provider being sued. This includes doctors, nurses, therapists, and other industry professionals
• The prevailing party is whoever wins the case
• The losing party is whoever loses the case
• The factfinder is otherwise known as the judge or jury

How Plaintiffs Succeed in Medical Malpractice Claims

As to be expected, plaintiffs must work incredibly hard to prove their case against a healthcare provider.

Success depends on the existence of these four elements:

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• The hospital or healthcare provider owed a duty usually as a result of a doctor-patient relationship 
• The hospital or healthcare provider breached the duty because they didn’t conform to the standard of care.
• The breach of the standard caused injury or damage to the patient
• The damages or injuries are such as are compensable under law

The Medical Malpractice Case Process

Since lawsuits are costly and time-consuming, claimants normally only file when they’re sure their case involves the four points mentioned above.

Usually, the medical malpractice lawsuit process works like this:

1. The plaintiff or their representative files the lawsuit in court.
2. Before the trial, both parties share information, including documents, interrogatories, and depositions.
3. If the parties agree, they can settle the case outside court, preventing it from going to court. If they can’t concur, the case goes to trial. 
4. As mentioned, the plaintiff must prove the defendant was negligent and that the negligence caused an injury or damage. Typically, parties present experts to explain the standard of care necessary and relate the injury to the negligence.
5. The factfinder considers the evidence before deciding whether the plaintiff has proven all four elements.  The standard applied in weighing the evidence is the preponderance of the evidence—or more likely than not.
6. If the plaintiff prevails, the judge awards damages. 

What Can Plaintiffs Recover from Successful Medical Malpractice Cases

When successful, plaintiffs may be awarded compensatory and in rare cases punitive damages.

Compensatory damages include both non-economic and economic damages.  Non-economic include such things as pain and suffering, mental anguish and loss of companionship.  Economic damages may include among other items medical bills, lost wages, loss of earning capacity, loss of services that one was capable of performing and the cost of rehabilitative and attendant care.  

Punitive damages may under some circumstances be awarded if the defendant is guilty of wanton or willful and malicious misconduct. The damages awarded are meant to deter similar conduct in the future and may depending on state law exceed compensatory damages.

After serving the country, it’s no surprise why Attorney Joseph Taraska, along with so many military veterans find a calling to work in the legal field. With the number of transferable skills cultivated while defending the nation, the transition into defending the legal rights of that nation’s citizens is anything but bumpy.

Regardless of the rank or branch one served, military experience only builds a stronger candidate for law schools and eventual law careers, making it one of the top choices of employment for veterans once they leave the battlefield.

Skills Cultivated in The Military

It goes without saying that the military is a time of transformation for those enlisted, but there are certain skills in particular that make a law career a clear choice for veterans. 

Collaborative skills are undoubtedly one of the most important things that a lawyer, or someone working in law, can have. Compared to the layman, a veteran tends to hold teamwork in higher importance, taking their team’s comments and thoughts into account in a way beneficial for the entire team.

These are skills as useful in the courtroom as they may be in action.

Real-life experience, though not dedicated to law practice, aids exponentially in the transition to a career in legal practice. All branches of the military, even those that aren’t necessarily in combat, are able to act in times of dire need – pressured by the threat of distinct consequences.

Being accustomed to focusing at that level of high stakes is something that most entry-level law students can’t say they have.

Leadership is another skill found in all veterans. Though being able to effectively work with a time is of importance, almost more important is the understanding that, at any point in time, you may need to be the one in charge. Fluency in wearing both hats – being both leader and follower, is something vital to being an asset in the legal field.

Where To Seek Post-Military Education

Having access to schools with Yellow Ribbon Programs is but one of the benefits that veterans have. This program offers aid to pay for out-of-state tuition, private schools, schools out of the country, etc. 

These programs also apply to law schools, making the dream of working as an attorney, lawyer, paralegal, etc. accessible to those who are on active duty, or are the spouse using the transferable benefits of an active-duty member.

Georgetown Law

Georgetown Law Center is one of the most prestigious, rigorous legal programs in the country, and they proudly offer the Yellow Ribbon Program to help current active duty members achieve their educational dreams. 

San Diego School of Law

The San Diego School Of Law also offers the program, allowing active-duty military the chance to earn their J.D. without shouldering the cost of tuition and other eligible fees.

Northwestern University

Northwestern University proudly offers this program with another added benefit. Should a veteran’s coverage lapse before their 3rd year, the school will offer the veteran a scholarship equating to a year’s worth of Yellow Ribbon benefits.

Harvard Law School

Finally, the Yellow Ribbon Program at Harvard Law School covers tuition, books, housing, and other eligible fees. Seeking a degree in the legal field could easily be one of the best post-military careers for many veterans who ascertain the appropriate skills and knowledge to make an impact in the field, and these veterans now have a way to educate themselves and live a successful post-military life.

In this interview Attorney Joseph Taraska discusses the important question of whether there is a time limit to bring a personal injury claim.

Mr. Taraska wishes to make it clear that such time limits do in fact exist throughout the United States.  If a claim is not made properly within the time allowed by law the injured person may be forever barred from making a claim for compensation.  Attorney Taraska notes that these time limits are generally known as “Statutes of Limitation”.  Historically they date back to Roman and Classical Greek Law and can today be found in both civil and criminal cases throughout the United States. Today Attorney joseph Taraska will discuss the purpose and effect of such laws in state civil cases for personal injury compensation.

At first blush, it may seem unfair to an injured person that such time limits do exist.   However, Joe Taraska points out that they were enacted to find a balance between the rights of the injured person and the individual or entity that caused the injury.  State and Federal legislatures that have enacted these laws have felt that compensation cases should be brought without undue delay.  Otherwise, an individual who caused an injury may find themselves facing a claim long after the event when witness and documentary evidence is no longer available or no longer credible.  On the other hand, the time limits must be long enough to allow the injured person a fair opportunity to understand the nature of their injury and the fact that it may have been caused by negligence.  As noted by Attorney Joseph Taraska, it is a balancing of interests in an attempt to protect everyone’s right to a fair resolution.

What this means for an injured party is that they should not wait to seek legal advice if they suspect they have been injured by the fault of another!  As you will see the laws of each state vary and they can be difficult to understand. Legal analysis by a qualified attorney can be essential.

Although the time limits vary for different types of cases and in different states within which you must file your case with the appropriate court, Attorney joseph Taraska notes that there are general principles that apply in many states.

First, is the question of when the time limit begins to run.  Joe Taraska states that some Statutes of Limitations-time limits- begin with the day of the incident while others begin when an individual discovers their injury and has a reasonable suspicion that it may have been caused by someone’s fault. For example, in some states, the time limit for a medical malpractice claim starts to run when the injured person understands they have been injured and that a care provider may have been negligent.  The time then runs for some time—in some states 2 years.  However, the state may have also enacted what is known as a “Statute of Repose” which sets an absolute time limit starting when the incident occurred regardless of when discovered.  So, for example, as noted by Attorney Taraska, if the injury is not discovered for 6 years but the Statute of Repose is 4 years the injured party may possibly be barred from bringing a claim.

Second, is the amount of time one has to file their claim with the Courts once the time limit starts.  As noted, this varies by type of case and state.  Attorney Joseph Taraska notes that some states have enacted exceptions that allow for the extension of the time limits under certain circumstances.  Mr. Taraska notes that one of the most important involves children.  In some states, the absolute time limit—Statute of Repose is extended until a child reaches a certain age.  This is done both because many childhood injuries may not be apparent until later and because a child should not be arbitrarily deprived of its rights too early following an injury.  Another common extension occurs when fraud is involved.  When an individual or entity has intentionally hidden relevant facts such as the nature of the injury from the injured party the time limits may be extended to allow the injured person a fair opportunity to discover the nature of the claim.  A third common extension occurs when what is known as a continuous tort has occurred. Attorney Joe Taraska notes that these are generally continuing negligent acts which occur over some time.  For example, if a patient is seeking medical care for the same injury and a negligent act continues on each visit or when a toxic substance is continuously released.  In these circumstances, depending on the state law the time limits may be extended from the first act. There are several other such extensions depending on the state and circumstance.

Third, and of utmost importance as noted by Attorney Joe Taraska is what act an injured person must take to stop the running of the time limits. Once stopped appropriately, it is generally not necessary to complete the claim within a time limit as the court where the claim was filed will set new guidelines as to how the matter will progress.  In many states, the act required is the filing of a lawsuit in an appropriate court.  However, some state legislatures have enacted other provisions which if taken timely stop the running of the Statute of Limitations for certain types of negligence.  For example, in medical negligence cases, some legislatures have enacted pre-suit requirements which must be fulfilled before a claim can be made in Court. Once you appropriately follow this pursuit requirement the time limits stop running unless otherwise set out in the statute.  Similarly, in many states, an action against a governmental entity must be commenced with the filing of an administrative claim.  If done appropriately this will stop or toll the running of the time limits.

As is apparent, the time limits for bringing a claim for personal injury are complex and often require legal analysis of your circumstance and the state laws. This interview by Attorney Joseph Taraska is not meant to convey legal advice, cover each state law or every circumstance but rather to point out the necessity to proceed with timely diligence if you suspect another person or entity has caused you harm and seek legal advice to understand the time limits for your circumstance.