Individuals who have received an unsatisfactory outcome during a medical procedure should look for help from a Fort Lauderdale medical malpractice lawyer. However, anyone interested in pursuing a medical malpractice lawsuit must be aware that some medical procedures may end poorly without a professional committing malpractice.
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.
Activities That Qualify as 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.
Generally speaking, an individual who is harmed by the incompetent performance of their medical practitioner has suffered malpractice. However, if the medical professional performed with an appropriate amount of skill and care but an injury still resulted, this would likely not constitute malpractice.
It's also required that the injury being sued over is the result of the doctor's negligent or incompetent treatment, not the direct result of the condition being treated.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
Examples of Malpractice
There are a few malpractice claim types that are common. These include the failure to correctly diagnose the patient, failure to correctly treat the condition, and failure to warn of known risks of treatment.
During a medical malpractice trial, a medical expert may be called upon in order to establish the standard of care. This allows a Fort Lauderdale medical malpractice lawyer to establish the typical diagnostic, treatment, and side effects expectations in the patient's situation.
Time Limits For Lawsuits
One more thing you should know about medical malpractice claims is that you have only a specific amount of time to file claim. This is known as the statute of limitations. If you file suit after that time period has expired, the case will be dismissed.
In malpractice claims, the statute of limitations is often shorter than in many other types of claims. If you think you may have a valid claim to pursue, it's vital that you contact a Fort Lauderdale medical malpractice lawyer right away to get started.
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.
Activities That Qualify as 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.
Generally speaking, an individual who is harmed by the incompetent performance of their medical practitioner has suffered malpractice. However, if the medical professional performed with an appropriate amount of skill and care but an injury still resulted, this would likely not constitute malpractice.
It's also required that the injury being sued over is the result of the doctor's negligent or incompetent treatment, not the direct result of the condition being treated.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
Examples of Malpractice
There are a few malpractice claim types that are common. These include the failure to correctly diagnose the patient, failure to correctly treat the condition, and failure to warn of known risks of treatment.
During a medical malpractice trial, a medical expert may be called upon in order to establish the standard of care. This allows a Fort Lauderdale medical malpractice lawyer to establish the typical diagnostic, treatment, and side effects expectations in the patient's situation.
Time Limits For Lawsuits
One more thing you should know about medical malpractice claims is that you have only a specific amount of time to file claim. This is known as the statute of limitations. If you file suit after that time period has expired, the case will be dismissed.
In malpractice claims, the statute of limitations is often shorter than in many other types of claims. If you think you may have a valid claim to pursue, it's vital that you contact a Fort Lauderdale medical malpractice lawyer right away to get started.
About the Author:
A medical negligence attorney in Fort Lauderdale, FL 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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