Medical malpractice occurs when a health care professional causes an injury to a patient through a negligent act or omission. Given the complexity of this area of the law, proving a medical malpractice claim can be very difficult. To prove a medical malpractice claim, a high level of experience and technical medical knowledge is necessary. Therefore, if you have suffered an injury at the hands of a healthcare provider, you shouldn’t attempt to pursue a medical malpractice lawsuit on your own. Rather, you should contact an experienced Florida medical malpractice attorney for assistance.
Proving Medical Malpractice
To prove medical malpractice, your medical malpractice attorney must establish the following:
A provider-patient relationship existed: First, your medical malpractice attorney must demonstrate that you had a provider-patient relationship with the medical professional you are suing. This element is easy to prove if your health care professional provided you with medical treatment of some kind.
Your health care provider was negligent: Next, your attorney must demonstrate that your health care provider failed to act in a way that a competent doctor would have under similar circumstances. This is known as the standard of care in your case. Generally, proving this element will require expert testimony on the applicable medical standard of care in your case.
Your health care provider’s negligence caused your injury: Even if your health care provider deviated from the applicable standard of care in your case, he or she isn’t liable for medical malpractice unless your attorney can prove that his or her negligence actually caused your injury. Therefore, your attorney must prove that there is a direct link between the negligence of your medical provider and your injury.
The injury resulted in damages: Finally, to prove a medical malpractice case, it is necessary to prove that your injury resulted in specific damages. Examples of medical malpractice damages include:
- Medical bills
- Physical and mental pain
- Past and future lost wages
How a Medical Malpractice Attorney Can Help
Although proving a medical malpractice case can be difficult, your odds of doing so greatly improve when you hire a medical malpractice attorney to represent you. When you hire a medical malpractice attorney, he or she will conduct a thorough investigation to determine what caused your injuries. After gathering the necessary documentation, your attorney will move forward with your medical malpractice case.
Contact a Medical Malpractice Attorney
If you are a victim of medical malpractice, you need an experienced Florida medical malpractice attorney on your side. Located in Pensacola, Florida, Staples, Ellis + Associates, P.A., has nearly 100 years of combined experience representing medical malpractice victims throughout Northwest Florida. At Staples Ellis, we will fight for your right to obtain compensation for your Florida medical malpractice injuries. Please contact us today to schedule a consultation with one of our experienced and knowledgeable medical malpractice attorneys.
Posted in: Medical Malpractice