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 for Medical Malpractice
One of the first conditions that must exist for a malpractice claim is that the person being filed against must be a medical professional, which 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.
However, it may be difficult to prove a doctor-patient relationship exists between some consulting physicians and an injured patient. Individuals who have questions about whether a patient-doctor relationship can be claimed in specific circumstances should contact a Fort Lauderdale medical malpractice lawyer for guidance.
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.
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.
It's also required that the injury being sued over is the result of the doctor's negligent or incompetent treatment, not the direct result of the condition being treated.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
Examples 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.
Limits on Time to File
Statute of limitations refers to the period of time a person has to file a lawsuit after being injured. Medical malpractice claims must be filed within this time period, or they will be dismissed by the court.
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 for Medical Malpractice
One of the first conditions that must exist for a malpractice claim is that the person being filed against must be a medical professional, which 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.
However, it may be difficult to prove a doctor-patient relationship exists between some consulting physicians and an injured patient. Individuals who have questions about whether a patient-doctor relationship can be claimed in specific circumstances should contact a Fort Lauderdale medical malpractice lawyer for guidance.
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.
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.
It's also required that the injury being sued over is the result of the doctor's negligent or incompetent treatment, not the direct result of the condition being treated.
It must also be demonstrated that negligence led to a specific harm, including physical pain, financial hardships, or emotional duress.
Examples 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.
Limits on Time to File
Statute of limitations refers to the period of time a person has to file a lawsuit after being injured. Medical malpractice claims must be filed within this time period, or they will be dismissed by the court.
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 Fort Lauderdale medical malpractice attorneys. Contact the Fort Lauderdale personal injury attorneys at Lisa S. Levine, P.A. today.
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