What Are The Basic Requirements For A Medical Malpractice Claim?

For medical malpractice, there are basic requirements for feasible cases. In other words, to prove that the health care provider’s behavior is worthy of compensation in the court’s view, four things need to be proven. An experienced malpractice lawyer will help you evaluate your injury and the surrounding circumstances to determine whether you have a viable case.

Before you file a medical malpractice claim, you should speak with a qualified legal firm to assist you.
Read the sections below to help you better determine if you should proceed with filing a claim. 

Medical malpractice constitutes things like:

However, the consequences of these actions can be devastating for patients and their loved ones. Therefore, patients suffering from medical malpractice should receive adequate and fair compensation for medical malpractice.

In addition, medical malpractice litigation can ensure that victims receive compensation for their pain and suffering. This compensation can also help reduce the economic costs caused by medical malpractice. 

The more the doctors, hospitals, and other practitioners and institutions take responsibility for their mistakes, the more likely they are to pay more attention to patients in the future, thus reducing the potential for medical malpractice.

Surgical Errors

Errors that occur during surgery can result in serious injury or death. Surgical errors happen far too often, resulting in the need for additional procedures and harm to the patient.

Wrong Diagnosis

An incorrect diagnosis could mean prescribing additional medicine, causing unnecessary pain, and tacking on medical expenses. A misdiagnosis of your injury means that your physician or another healthcare provider diagnosed your medical condition incorrectly.

Medication Errors

Medication errors can be anything from incorrect prescriptions, dispensing errors, or improper administration of medication for various treatments. Such negligence can result in unnecessary pain and suffering and even death.

Birth Injuries

Childbirth is already painful as it is, so you shouldn’t have to worry about birth injuries. But they happen more often than they should. As a matter of fact, out of every 1,000 children born in the United States, seven of them suffer birth injuries.

Anesthesia Errors

Although rare, anesthesia errors do happen from time to time. Since a nesthesia serves to keep the patient from feeling pain during surgery, an error in this field of medicine can result in severe pain and trauma.

In order to prove there was medical malpractice, you need to be able to show the following:

Existing Patient-Doctor Relationship

This means that you hired a doctor, and they agreed to care for you. Medical advice from a doctor in passing outside of a medical facility does not constitute medical malpractice. If a doctor starts to diagnose and treat you, it is easy to prove that there is a doctor-patient relationship. The question of whether this relationship exists most often arises in the case of consulting a doctor and not treating you directly.

Medical Negligence

The doctor must have neglected your treatment or diagnosis. To sue for medical malpractice, you have to prove that the medical provider injured you and that a qualified doctor would not have under similar circumstances. The doctor’s care does not need to be the best, only “reasonably skilled and careful.”

Negligence Led to Injury

The patient must prove that it’s “likely” that the physician’s negligence was what caused injury. Oftentimes, the patient must secure a medical specialist who can testify that a physician’s negligence resulted in injury.

Damages

As a patient who suffered medical malpractice, you must show that the doctor’s negligence resulted in the one or more of the following:

If you believe you are the victim of medical malpractice, contact the Doctor Lawyer Firm. 

Matthew Sowell is one of the few Florida lawyers certified by both the Florida Bar and the American Board of Professional Liability. Matt excels as a national leader in stroke litigation and is the founding chairman of the Stroke Litigation Group, the largest litigation lawyer organization in the United States. 

Matt also wrote and shared with peers how to successfully prosecute stroke cases. Over the years, Matt has won millions of dollars in verdicts, ensuring that his clients are awarded the compensation they deserve in extremely difficult medical malpractice cases.

Fadi Chakour is a former medical doctor who left the field to practice law, specifically, medical malpractice litigation.   As a doctor, Fadi treated many patients who were injured due to the negligence of others and observed the pain and suffering of loved ones that came from these instances. 

The combination of his medical knowledge and experience and his legal skills make Fadi a powerful advocate for injured people who have fallen victim to medical negligence.

Medical malpractice claims require an accomplished legal firm representing your case. If you believe you are the victim of negligence, we urge you to give us a call right away. The sooner we are able to start on your medical malpractice claim, the sooner you stand to get the compensation you deserve.

When you have the experienced medical malpractice attorney team of Sowell & Chakour in your corner, you have a much better chance of being made whole. Call our office today at 1-833-MedMals or fill out our online contact form , and we will promptly respond to your inquiry and work to schedule a consultation.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.