When we seek care for an ailment or injury, we put our trust in the hands of medical professionals and providers. We look to them to have the knowledge and experience to take care of our health and medical needs. Unfortunately, there are instances where the patient gets more than they bargained for in the way of more harm than good. When someone seeks care or a treatment, they expect to receive an acceptable standard of care. If the standard of care falls below the reasonable threshold, actual harm can be caused to the patient. Consequently, if the patient is harmed or further harmed, they can pursue a medical malpractice claim for any damages incurred. If you were harmed while under the care of a medical professional or facility, it is imperative to seek the legal assistance of a knowledgeable medical malpractice attorney who represents clients in Davie, FL and Broward County.
Medical malpractice can occur when a patient becomes injured or harmed during a treatment or receives a misdiagnosis. The error on behalf of the medical professional can be the result of negligence. However, there are characteristics to determine whether medical malpractice has occurred. If you believe you were harmed due to medical malpractice, contact an experienced personal injury attorney who has successfully represented medical malpractice claims.
The following are characteristics of medical malpractice:
- Doctor-Patient Relationship: In a medical malpractice claim, it is necessary to show that the patient had a doctor-patient relationship. In other words, you must be able to demonstrate that you hired the doctor for treatment or care, and the doctor agreed to treat you. For instance, if you went to a doctor seeking a diagnosis, and the doctor saw you at the hospital or clinic where they work, you have established a doctor-patient relationship. On the other hand, if you were given advice by a doctor while out at dinner, that may not be interpreted as a doctor-patient relationship. To verify whether a doctor-patient relationship exists in your claim, talk to a skilled medical malpractice attorney about your particular situation.
- Standard Of Care: If the standard of care is violated, a patient can seek a medical malpractice claim. Patients have the right to receive and expect acceptable and reasonable medical care and treatment by medical professionals. This is known as the standard of care. The care or treatment received must be consistent with the services that other professionals in the same profession deliver. If the standard of care is not met, the medical professional can be sued for negligence or a tortious act. Contact a personal injury attorney if you believe the medical professional you hired violated the standard of care.
- Negligence: In addition to violating the standard of care, a medical malpractice claim has to also prove that an injury resulted due to negligence. In other words, if an injury would not have otherwise resulted while under the care of a medical professional, a medical malpractice claim for negligence could be viable. For a detailed assessment of your claim, it is advised to consult with a medical malpractice attorney.
- Damages: To be able to sue for malpractice, the patient must show that they suffered or sustained some type of harm or injury. If no injury or harm resulted from the malpractice, the patient will not be able to seek damages. Damages can include loss of wages, pain and suffering, and medical bills. A personal injury attorney can help determine the damages a patient can collect.
Call Now For A Personalized Consultation