When a doctor, other medical attendant or medical facility fail to perform their duties in a competent fashion and such actions result in harm to a patient, the injured patient has the right to sue for medical malpractice. The rules that apply to medical malpractice actions change from one jurisdiction to another and to effectively purse a lawsuit you must hire a medical malpractice lawyer in Miami. Although there are numerous variables, that come into play there are still certain guiding principles and rules that apply across the board. What follows is a brief overview of the law as it exists and a few special cases that apply.
The basic requirements:
For your medical malpractice lawyer in Miami to prove that there was an act of medical malpractice, he or she will have to show the following:
There was an existing relationship between patient and doctor: It must be proven that a relationship between you and the doctor existed; you must prove that you hired the doctor and him or her agreed to treat you for your medical complaint.
The doctor was negligent: You may not be happy with the outcome of the treatment that the doctor gave, but this in itself does not constitute negligence. To lodge a successful medical malpractice suit, you must be able to prove that the doctor caused you harm in a way that a competent doctor working under the identical circumstances would not have. It is not necessary that the doctor is the best possible, but it is necessary that he or she has to be reasonably skillful and exercise caution. This requirement is usually the heart of the malpractice claim.
The injury was the result of the doctor’s negligence: The reason why people seek medical care is because they are sick or injured. It is important to prove that it was the doctor that caused the harm and not the pre-existing condition that caused you to seek medical attention.
The injury caused specific damages: Even if the doctor performed well below the expected standard, if there were no injuries then there can be no law suit. There are injuries where the patient can sue, however; physical pain, mental anguish, unnecessary medical bills and lost work are examples.
The types of medical malpractice:
There are a number of situations that can lead to claiming medical malpractice; these can be failing to advise a patient that a prescribed drug may cause organ failure for example to leaving a sponge in the patient after an operation, most claims fall under the following categories:
Failure to diagnose: If a competent doctor would have made a diagnosis which would have led to a far better result or outcome than that achieved, then a medical malpractice claim may be viable.
Improper treatment: If the responsible doctor treated the patient differently than a competent doctor would have.
Failure to warn of risks: It is the duty of a competent doctor to warn patients of any known risks associated with a treatment or procedure. If the patient, having been advised of the risks decided not to pursue the treatment the doctor may be liable.
Medical malpractice law is extremely complex and hard to prove, so advice and support from a medical malpractice lawyer in Miami is essential to winning a claim.
The complexities of medical malpractice are such that it is an absolute necessity to be supported by a seasoned medical malpractice lawyer in Miami.