How to Know If You Have Medical Malpractice Case

How to Know If You Have Medical Malpractice Case

Posted By Maher Law Firm || 15-Mar-2017

Medical malpractice occurs when a patient is injured by a doctor, nurse, or another healthcare professional who fails to perform his or her duties in a competent manner. While the rules about medical malpractice differ from state-to-state, there are some general principles that apply to most cases.

In order to prove that medical malpractice happened, you must demonstrate all of the following:

  • A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing, meaning that you hired the physician and the physician agreed to be hired. If a doctor started seeing you and treating you, that is enough to prove a relationship existed.
  • Your doctor was negligent. The physician needs to have done something negligent in connection with your diagnosis or treatment. To file a lawsuit for medical malpractice, you need to show that the doctor caused injury or illness in a way which a competent doctor would not have. The doctor’s care is only required to be “reasonably skillful and careful.” Whether the doctor was reasonably skillful and careful is typically the foundation of a med mal claim.
  • Your doctor’s negligence resulted in your injury. Since patients involved in medical malpractice cases are already ill or injured, it may be difficult to prove what the doctor did, negligent or not, actually caused the harm. The patient needs to demonstrate that it is “more likely than not” that the doctor’s incompetence directly caused the injury. In most cases, getting a medical expert to testify on the patient’s behalf is very effective.
  • The injury caused specific damages. Examples of the type of harm caused by medical malpractice include physical injury, mental injury, additional medical expenses, and lost wages and earning capacity.

If you need experienced legal counsel to pursue a medical malpractice lawsuit in Florida, contact The Maher Law Firm and schedule a free consultation with our Orlando personal injury attorney today.

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