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.
Who Is Responsible
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.
It is incumbent upon the patient to show a court that he or she was in a physician-patient relationship with the person who the claim is being filed against. In practical terms, the injured party must show that the medical professional consented to diagnose and treat the patient. Suffering injury as a result of advice you overheard a doctor sharing at a party would not qualify as malpractice.
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 Malpractice Is
The specific actions that constitute malpractice claims can be very broad, and what the law considers malpractice also varies between states. Consult a Fort Lauderdale medical malpractice lawyer to share your circumstances and determine whether a claim exists.
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.
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.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
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.
If your claim makes it to trial, a Fort Lauderdale medical malpractice lawyer will be able to call medical experts to testify about standards of care. Your attorney will use this to establish what a typical diagnosis, treatment and side effects for your circumstances should have been.
Time Limits For Lawsuits
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.
The law mandates that certain requirements be fulfilled in order to qualify for a medical malpractice claim.
Who Is Responsible
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.
It is incumbent upon the patient to show a court that he or she was in a physician-patient relationship with the person who the claim is being filed against. In practical terms, the injured party must show that the medical professional consented to diagnose and treat the patient. Suffering injury as a result of advice you overheard a doctor sharing at a party would not qualify as malpractice.
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 Malpractice Is
The specific actions that constitute malpractice claims can be very broad, and what the law considers malpractice also varies between states. Consult a Fort Lauderdale medical malpractice lawyer to share your circumstances and determine whether a claim exists.
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.
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.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
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.
If your claim makes it to trial, a Fort Lauderdale medical malpractice lawyer will be able to call medical experts to testify about standards of care. Your attorney will use this to establish what a typical diagnosis, treatment and side effects for your circumstances should have been.
Time Limits For Lawsuits
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.
About the Author:
Get help from experienced medical negligence attorneys in Fort Lauderdale, FL. Contact the accident lawyers in Fort Lauderdale, Florida at Lisa S. Levine, P.A. today.
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