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.
In order to have a malpractice claim, the law requires certain actions to have been committed by a medical practitioner.
Who Is Responsible
One of the first conditions that must exist for a malpractice claim is that the person being filed against must be 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.
This can become tricky when trying to prove a doctor-patient association between consulting physicians and patient. If you have specific questions about your circumstances, a Fort Lauderdale medical malpractice lawyer can assist you.
What Malpractice Is
The specific actions that may qualify as medical malpractice vary, depending upon the specific state. A qualified Fort Lauderdale medical malpractice lawyer can help clarify whether a specific circumstance qualifies as malpractice.
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.
The patient must also be able to establish that the doctor's negligence led to a specific type of harm, such as physical pain, additional financial difficulty, and mental anguish.
Types 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
Statute of limitations refers to the period of time a person has to file a lawsuit after being injured. Medical malpractice claims must be filed within this time period, or they will be dismissed by the court.
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.
In order to have a malpractice claim, the law requires certain actions to have been committed by a medical practitioner.
Who Is Responsible
One of the first conditions that must exist for a malpractice claim is that the person being filed against must be 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.
This can become tricky when trying to prove a doctor-patient association between consulting physicians and patient. If you have specific questions about your circumstances, a Fort Lauderdale medical malpractice lawyer can assist you.
What Malpractice Is
The specific actions that may qualify as medical malpractice vary, depending upon the specific state. A qualified Fort Lauderdale medical malpractice lawyer can help clarify whether a specific circumstance qualifies as malpractice.
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.
The patient must also be able to establish that the doctor's negligence led to a specific type of harm, such as physical pain, additional financial difficulty, and mental anguish.
Types 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
Statute of limitations refers to the period of time a person has to file a lawsuit after being injured. Medical malpractice claims must be filed within this time period, or they will be dismissed by the court.
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.
About the Author:
A medical malpractice lawyer in Fort Lauderdale 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 accident lawyer in Fort Lauderdale, Florida with extensive experience in medical negligence claims.
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