Have you been neglected from receiving the appropriate treatment by a medical professional or have you received an inferior treatment that caused harm, injury or death of a patient? If so, you are liable for a medical malpractice lawsuit!
Law never differentiates, it places everyone on the same standard. Hence if you’re wronged even by a very renowned medical professional; you still can receive justice if you put forth your condition precisely before law.
You can’t be filing a medical malpractice lawsuit just like that. There should be a righteous reason for filing a medical malpractice lawsuit. Before filing, research well if you are liable for the lawsuit.
Are you eligible for filing, have you actually been wronged? There needs to be a reasonable cause for filing a lawsuit.
For example- If in an ongoing surgery a family member or a relative is injured or provided with a substandard treatment, then the doctor can be held responsible for it and can be sued for medical malpractice.
Proving the misdiagnosis by a doctor can be nightmarish, especially if they have a very good rapport in their field. Here hiring an attorney can help you ease up the process. The medical malpractice lawyer in Miami, FL that you’ve chosen should be proficient and well experienced. He should be confident enough to prove the harm caused to the injured. He should also have good negotiating skills and convincing power to get you your deserved compensation.
In this blog, you will read signs for eligibility for a medical malpractice lawsuit.
Let us first talk about the common types of Medical Malpractices.
1] Failure to diagnose
If your medical health provider fails to provide you the most appropriate treatment for your condition and instead provides treatment according to a misdiagnosis;your chances and quality of recovery are hampered. In such a case, when it is identified you could’ve been better with another treatment, you are liable to claim medical malpractice.
2] Improper treatment
Incompetent carrying out of a treatment, not providing the necessary nursing can all get a medical health professional sued. They have to abide by their standards when treating patients, if they do not they can be convicted under the medical malpractice lawsuit.
3] Failure to warn of risks
Whenever carrying out any process on the patient, the doctor has to keep them informed of the potential risks. This is termed as the duty of informed consent. If a doctor doesn’t inform them, and the risk situation arises, the doctor can be held responsible and be blamed for not informing prior to proceeding.
One cannot just go and file a medical malpractice lawsuit. For you to qualify under the lawsuit, you should fulfill certain requirements which have been mentioned below –
A] Prove that the relationship between doctor and patient existed
You as a plaintiff should be able to prove the accusation with strong evidence displaying the existing relationship between the doctor and the patient. The proof of the relationship could be medical records, chats, or phone calls while providing medical care.It could include records of prescriptions, and agreement on treatment.
Once the relationship between the doctor and patient is established, it gets way too simple to sue the medical health provider.
B] Negligent behavior of the doctor
When filing a claim against a doctor/physician, make sure to have proof regarding the negligence by the doctor to the patient. Your words do not suffice for the claim to be taken forward. Until shreds of evidence show the doctors are at fault; you do not qualify for the claim. Before conducting an operation or surgery, doctors need to ensure they are well prepared, attentive and intensive while carrying out the procedure. They should avoid negligence and distractions at every cost.
The doctor solely being negligent doesn’t suffice for a lawsuit to be taken forward. One has to prove without doubt that it was the negligence that resulted in the harm or injury. People who have an already existing injury, can find it difficult to justify their claim. In such case they have to prove how the incompetence of the doctor elevated the harm.
Patients injuries caused by doctors negligence
The injured person and his family members should be the reason for blaming the doctor for negligence. There should be sustainable injuries to prove your point, or a patient can even mislead the doctors’ false negligence to take down his reputation. If a doctor demonstrating inevitable failure occurs by chance and if the patient is perfect without getting injured, they can’t be eligible to file a medical malpractice lawsuit against the doctor. In simple words, the chances of suing the doctor become less. But if the doctor is at fault without even thinking, make sure to file a medical malpractice lawsuit against the doctor as it will be beneficial and keep you on the safer side.
The injuries caused damages
What happens if your doctor doesn’t act adhering to the standards but there’s no harm done? This case doesn’t qualify you for a lawsuit since there was no explicit harm.
A patient can however sue a medical expert for physical pain, mental anguish, additional bills etc.
Doctors work on life or death conditions. A medical health provider’s negligence can endanger an individual’s life. Hence they should be responsible enough and respect every patient they are treating to avoid this. There are several swindling situations wherein a claim is filed against a medical health professional to ruin his rapport and impact his career, due to personal feuds or jealousy. This is why there are strong criteria to determine if the doctor was actually at fault.
If, however, your injury is actually the result of doctor’s inaccuracy, proving so can get highly daunting and unachievable
In such circumstances, having an experienced attorney by your side; who can communicate and put forth your conditions most impeccably before the lawsuit can help you get out of the situation with deserved compensation.