A Fort Lauderdale medical malpractice lawyer may be able to help you pursue a legal claim if you’ve suffered from a poor outcome as the result of a medical procedure. Before getting started though, it’s important to understand that not all medical procedures that end poorly are the result of malpractice by a medical professional.
The law mandates that certain requirements be fulfilled in order to qualify for a medical malpractice claim.
Who Is Responsible for Medical Malpractice
For medical malpractice to exist, the first requirement is that the claim is being filed against a medical professional, which includes physicians.
In order to have a valid claim, the patient must be able to prove that a physician-patient relationship did exist between the doctor being sued and the patient filing the lawsuit. Practically, this means that a person may pursue a claim against a personal physician who has consented to see and treat the patient’s medical condition, but doctors cannot be sued for malpractice based on overheard advice given at a party or other social event.
Proving a doctor-patient relationship can be complicated in cases with a consulting physician and the injured party. A Fort Lauderdale medical malpractice lawyer can help answer your questions about whether a patient-doctor relationship exists in your specific case.
What Actions Constitute Malpractice?
A Fort Lauderdale medical malpractice lawyer is the best person to advise you on if your case qualifies as malpractice in Florida, but there are some general guidelines that can help you.
In general, malpractice occurs in circumstances where an individual is caused harm by their medical professional due to the professional’s incompetent performance. If a medical professional performed their job with the expected amounts of skill and care, their performance cannot be considered malpractice.
A doctor’s incompetence and negligence must also have caused the injury that the patient is suing over, and the injury cannot have been the direct result of the condition for which the patient was seeking treatment.
There also must be specific types of harm established as a result of the negligent treatment. Types of harm include physical pain, financial issues, or mental and emotional trauma.
Types of Malpractice
The most common types of malpractice include a doctor’s failure to correctly diagnose a patient, a doctor’s incorrect treatment of a patient, and a doctor’s failure to warn a patient of the known risks associated with a treatment.
Your Fort Lauderdale medical malpractice lawyer may call medical experts to testify. This can help establish the standard of care that should have been expected in your case, including typical diagnosis, treatment and side effects.
Statute of Limitations
Medical malpractice cases have specific time periods in which an individual may file a lawsuit after receiving an injury. This period of time is known as the statute of limitations, and if a patient does not file their suit within this time period, the court will dismiss their claim.
Since the statute of limitations is a small time period in malpractice cases, patients who believe they may have a valid claim are encouraged to contact a qualified a Fort Lauderdale medical malpractice lawyer immediately.
A Fort Lauderdale medical malpractice lawyer at Lisa S. Levine, P.A. can help determine whether you have a case and get the compensation you deserve. Schedule a consultation today to discuss your claim with a Fort Lauderdale personal injury lawyer with extensive experience in medical negligence claims.
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