People often have questions about whether they have a medical malpractice claim. Fort Lauderdale medical malpractice lawyers often advise clients that medical procedures can end poorly without malpractice having occurred. Malpractice is a serious issue though, and when it occurs, legal steps should be taken.
For a malpractice claim to exist, certain factors must be present in the actions by the medical practitioner.
Who Is Responsible for Medical Malpractice
In order for a medical procedure to qualify as malpractice, the person being pursued in the claim must be a medical professional. This 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.
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 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.
Malpractice, in general, refers to a patient being harmed by the incompetent performance of their medical practitioner. If the expected amount of skill and care was found to be applied by your doctor, then a malpractice claim likely wouldn't exist.
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.
There also must be specific types of harm established as a result of the negligent treatment. Types of harm include physical pain, financial issues, or mental and emotional trauma.
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 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.
For a malpractice claim to exist, certain factors must be present in the actions by the medical practitioner.
Who Is Responsible for Medical Malpractice
In order for a medical procedure to qualify as malpractice, the person being pursued in the claim must be a medical professional. This 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.
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 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.
Malpractice, in general, refers to a patient being harmed by the incompetent performance of their medical practitioner. If the expected amount of skill and care was found to be applied by your doctor, then a malpractice claim likely wouldn't exist.
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.
There also must be specific types of harm established as a result of the negligent treatment. Types of harm include physical pain, financial issues, or mental and emotional trauma.
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 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:
Get help from experienced medical negligence attorneys in Fort Lauderdale, FL. Contact the Fort Lauderdale injury lawyers at Lisa S. Levine, P.A. today.
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