Crucial Things to Consider as You File for Medical Malpractice

We often have heard cases whereby a patient’s death was a result of medical malpractice. Well, it can happen to anyone. Here, we will look at the crucial things you must consider while preparing to file for medical malpractice. First and foremost, you have to grasp what medical malpractice is. It happens when a doctor or a healthcare professional causes a patient’s injury or death because of negligence or omission of duty. Just because a patient suffered in a medical professional’s hands, does it amount to medical malpractice. No. You should be able to prove several things before you file that lawsuit. You can consult with a medical malpractice law firm such as Dolan Dobrinsky Rosenblum Bluestein, LLP in Miami, FL to help you establish these crucial things.

Was There a Doctor-Patient Relationship?

To file a medical malpractice lawsuit, you have to prove that a doctor-patient relationship existed between the affected patient and the doctor. When a doctor initiates treatment to a patient, there are usually records from the first consultation session to the last session. You have to show the court that you hired the doctor, and he/she agreed to be hired. For instance, you can’t sue a doctor who gave you advice over a cocktail party. But if there are valid medical records, then it is easy to prove that.

Was The Doctor Negligent?

You can sue a doctor or healthcare professional simply because you are not satisfied with the treatment outcome. You should be in a position to prove that the doctor was negligent or abducted his/her medical duty. Medical negligence occurs when a doctor causes patient harm, injury, or death in a way that a competent doctor would not have, given the same circumstances. While doctors are required to be skillful and careful, that doesn’t guarantee the best results possible. To prove that the medical personnel was negligent, you have to consult with a medical expert to ascertain the medical standard care and determine if the accused doctor deviated from that standard. Otherwise, there is no other way to prove that the doctor was negligent.

Did Medical Negligence Cause Any Harm?

There must be a testimony to show that the accused doctor was negligent. As earlier mentioned, medical negligence results in an injury, harm, or death of the affected patient. The affected patient has to show that they suffered any form of physical pain, mental anguish, loss of earning capacity or income, and additional medical bills. Depending on whatever harm the doctor caused you, you need official records to prove that. That is also what determines the compensation you rightfully deserve.

Did The Doctor Warn of Any Known Risks?

Doctors have to warn patients of any expected or known medical risks before they put them under treatment. If the patient would have decided not to undergo the treatment if earlier informed of the medical risks, then the doctor is liable for any resulting damages. But if the patient gave the consent after the doctor warned of the dangers, then there is no solid ground to sue him/ her.

The Final Words

Generally, when you are unsure of the circumstances under which medical negligence occurred, it is advisable to seek a medical malpractice lawyer to help examine the situation.