Everything You Require For A Fort Lauderdale Medical Malpractice Claim

Posted by Unknown on 1:08 AM with No comments
By Bob Cornette


Individuals who have received an unsatisfactory outcome during a medical procedure should look for help from a Fort Lauderdale medical malpractice lawyer. However, anyone interested in pursuing a medical malpractice lawsuit must be aware that some medical procedures may end poorly without a professional committing malpractice.

The law mandates that certain requirements be fulfilled in order to qualify for a medical malpractice claim.

Who Is Responsible for Medical Malpractice

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.

Activities That Qualify as Malpractice

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.

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

The most common types of malpractice include a doctor's failure to correctly diagnose a patient, a doctor's incorrect treatment of a patient, and a doctor's failure to warn a patient of the known risks associated with a 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

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: