People go to the doctor to get better, not worse. However, doctors and other medical professionals sometimes make mistakes that harm their patients. In Florida, doctors and other medical professionals who negligently harm their patients can be sued for medical malpractice. However, proving medical malpractice in a court of law can be difficult. Therefore, if you have suffered harm at the hands of a doctor or other medical professional, you should consult with an experienced medical malpractice attorney before initiating legal action. Below is an overview of how a Florida medical malpractice attorney can help you prove medical malpractice and obtain the financial compensation you deserve.
The Elements of Medical Malpractice
In order to succeed in your medical malpractice case in Florida, your Florida medical malpractice attorney must prove the following:
Your medical provider owed you a duty of care – Medical professionals owe their patients a duty of care. Therefore, in order to demonstrate this element, your attorney must provide evidence that you are or were a patient of the medical professional who is the target of your medical malpractice lawsuit.
The duty of care was breached – Next, your attorney must prove that your medical provider breached the duty of care. Examples of breaches of this duty include:
- Failures to diagnose
- Medication errors
- Misdiagnoses
- Unreasonable delays prior to performing surgery
The breach of duty resulted in harm – Finally, unless you were actually harmed by your medical provider’s breach of duty, you won’t succeed in a medical malpractice case. In most cases, medical malpractice results in some type of physical problem, such as nerve damage or the loss of use of a limb.
Evidence Needed to Prove Medical Malpractice
A substantial amount of evidence is necessary to prove each of the above elements and succeed with a medical malpractice lawsuit. Given the sheer volume of evidence required to win a medical malpractice case, it is advisable to hire a Florida medical malpractice attorney as soon as you realize something is wrong. Below are examples of the types of evidence your attorney will help you gather:
- Correspondence from your health care provider
- Medical bills and invoices
- Correspondence from your health insurance company
- Opinions from medical experts
- Personal notes or records documenting your medical care
- Pill bottles
- Prescription slips
- Scans
- Photographs of your medical condition
- X-rays
- Other medical images
Contact our medical malpractice attorney today for a consultation
If you are a victim of medical malpractice in Pensacola, Florida, you need an experienced Florida medical malpractice attorney on your side. Located in Pensacola, Florida, Staples, Ellis + Associates, P.A., has over seventy years of combined experience representing medical malpractice victims in Northwest Florida. At Staples Ellis, we will fight for your right to receive compensation for your Florida medical malpractice injuries. Please contact our office as soon as possible to set up a consultation with one of our talented medical malpractice attorneys.
Posted in: Medical Malpractice