The Basics Of Medical Malpractice

by | Jan 19, 2015 | Attorney

A case of medical malpractice can result from any injury caused by a doctor or other medical personnel or a medical facility such as a hospital that fails to perform the expected duties with competence. The rules that apply to medical malpractice can vary considerably from one jurisdiction to another, for an injured individual to purse a legal claim against the negligent party it will be necessary to hire a medical malpractice attorney in Miami. Although there are a number of significant variables that apply between jurisdictions there are also some general rules and principles that apply across the board; the following is a very brief introduction to the law and a few of the many special cases that apply.

The basic requirements:

For a medical malpractice attorney in Miami to prove that there is a case of medical malpractice, he or she will have to show the following:

   * Relationship between patient and doctor: It must be proven that there was a formal relationship between the injured party and the doctor; it is up to the injured party to prove that he or she hired the doctor and the doctor agreed to treat you as a patient.

   * The doctor was negligent: It is not enough simply to be unhappy or dissatisfied with the treatment you get or the outcome of the treatment, this does not prove negligence. For a medical malpractice suit to prosper it is necessary to prove beyond doubt that the doctor caused you harm, harm that any competent doctor would not have caused under the identical circumstances. There are many doctors that are not amongst the best but the doctor must have reasonable skills and have exercised due caution in dealing with the patient. It is this requirement that often is at the heart of a medical malpractice claim.

   * Negligence on the part of the doctor was the cause of the injury: People invariably see a doctor because they are sick or were injured before they looked for care; in court it is important that it can be proven that it was the doctor caused the harm and not a pre-existing condition.

   * The injury caused specific damages: Even if the doctor’s professional performance was well below the expected standard; if no injuries occurred there is no basis for a law suit. There are however injuries where the patient can sue; physical pain, mental anguish, unnecessary medical bills and lost work.

There are a number of situations that can lead a patient to claim medical malpractice; these situations include failure to properly diagnose the condition, improper treatment and failure to advise the patient of the risks associated with the treatment or procedure.

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