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.
Those 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.
For your claim to be valid, it must be proved that a doctor-patient relationship existed between you and the party you are pursuing in a lawsuit. The medical professional must have consented to see and treat your medical condition. For example, a physician can't be pursued in a malpractice claim if you suffered a poor medical outcome based on advice you overheard him giving someone else.
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.
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
Failure to correctly diagnose a patient is one of the most common forms of malpractice claims. Incorrect treatment and failure to warn a patient of known risks are other typical types of claims.
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.
Limits on Time to File
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.
In malpractice claims, the statute of limitations is often a short time period, so it's important to contact a Fort Lauderdale medical malpractice lawyer right away if you feel you may have a claim.
Have you been hurt by a doctor's negligence? A Fort Lauderdale medical injury attorney at Lisa S. Levine, P.A. can help. Contact the Fort Lauderdale injury lawyers who are experienced in medical negligence claims today for a free consultation.
The law mandates that certain requirements be fulfilled in order to qualify for a medical malpractice claim.
Those 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.
For your claim to be valid, it must be proved that a doctor-patient relationship existed between you and the party you are pursuing in a lawsuit. The medical professional must have consented to see and treat your medical condition. For example, a physician can't be pursued in a malpractice claim if you suffered a poor medical outcome based on advice you overheard him giving someone else.
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.
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
Failure to correctly diagnose a patient is one of the most common forms of malpractice claims. Incorrect treatment and failure to warn a patient of known risks are other typical types of claims.
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.
Limits on Time to File
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.
In malpractice claims, the statute of limitations is often a short time period, so it's important to contact a Fort Lauderdale medical malpractice lawyer right away if you feel you may have a claim.
Have you been hurt by a doctor's negligence? A Fort Lauderdale medical injury attorney at Lisa S. Levine, P.A. can help. Contact the Fort Lauderdale injury lawyers who are experienced in medical negligence claims today for a free consultation.