The Basics Of A Medical Malpractice Lawsuit

Posted byPaola Nadeau on Feb 2021 in Law and legal | 0 comments

When a patient is injured or otherwise harmed by a doctor, any other medical care worker or a hospital who did not perform his or her medical duties properly then a medical malpractice attorney in Miami can sue for damages on behalf of the patient who suffered harm. Although the rules that pertain to medical malpractice vary somewhat from one jurisdiction to another there are many general principals and categories that apply to all cases of medical malpractice.

The basic requirements for making a claim:

Before a claim for medical malpractice can be made a number of things must be proved:

There was a relationship between the patient and the physician: It must be proven that there was a relationship between yourself and the physician you are suing. A relationship is simple to establish; if you engaged the physician and he or she agreed to be hired, a relationship exists. If you ask a medical question to a doctor in a social setting like a cocktail party and you suffer an injury as a result of following the advice give, no doctor-patient relationship exists.

The doctor acted negligently: If you are not happy with the treatment your doctor gives you or the results of the treatment are not what you expected this does not constitute medical malpractice. Your medical malpractice attorney in Miami must prove that the doctor was negligent and was not skillful and reasonably careful when your condition was diagnosed or treated. In a medical malpractice situation it must be proved that the doctor caused you harm in such a way that any reasonably competent doctor, under identical circumstances, would not have. It is not a necessity that the doctor’s care is the best possible car but the doctor must be “reasonably” skillful and careful. It is this argument that is at the heart of most medical malpractice law suits and in most jurisdictions it is a requirement that the medical malpractice attorney in Miami bring in a medical expert to testify that it was the negligence shown by the doctor that was the cause of the injury.

Damages: Even if it is obvious that the doctor performed well below the standards that are expected in the field, if there was no injury then there can be no case for medical malpractice. For a medical malpractice lawsuit to prosper it must be proven that the patient suffered physical pain, mental anguish, was subjected to unnecessary medical bills or lost work or earning capacity.

As one can appreciate, the laws that pertain to medical malpractice are extremely complex and a seasoned medical malpractice attorney in Miami is a must.

If you believe that you were injured by your doctor and the cause was negligence on his or her part then you can engage a medical malpractice attorney in Miami and sue for damages. You are invited to discuss the circumstances with Business Name.