What Should You Consider Before Filing A Medical Malpractice Lawsuit?
Doctors have been given the status of God, the Lord Almighty, who takes care of our pain, suffering, diseases, and illness and gives us good health and normal life back. Considering them as Gods and have raised our expectations from them to a significant extent. In reality, they are also human beings like us, and sometimes knowingly or unknowingly, they commit a mistake that results in an injury or physical damage to the patient.
If you think that your medical care provider did not take good care of you and you wish to file a medical malpractice suit against him, think again. Not all cases are considered malpractice cases. The person bringing this claim against the medical professional in court needs to prove beyond doubt about the doctor’s negligence, resulting in damage or injury. If you are not sure if there was a shred of negligence on the doctor’s part or not, hire an experienced Miami Medical Malpractice Attorneys who can study the case, check if the case has merit, and advise you to go ahead with the civil suit.
For a case to be a medical malpractice case, it must have four elements of negligence. If the case lacks one or more of these elements, the case cannot fly in court and will get dismissed. Thus, before getting ready to file a case in the court, take out some time, visit an expert lawyer who specializes in these cases, and discuss pertinent features of the case.
Most often, your attorney will let you know if the case has even a small chance of getting admitted in the court. It is not wise to invest time and money into a case that does not meet the set parameters of a medical malpractice case.
The medical malpractice or negligence case must prove the doctor’s or medical staff’s duty to fulfill their duty of care expected by them. First, the attorney will help establish a relationship between the medical care service provider and the patient. Once this relationship is proved, the service provider is bound to fulfill his duty of care towards the patient. If there is any breach in this element, the attorney needs to prove the same in the court. Sometimes, glaring blunders like leaving scissors in the patient’s body cavity while undergoing surgery. Such cases are clear-cut evidence of gross negligence of the medical practitioner or the surgeon. Similarly, the doctor was careless enough to misdiagnose and consequently mistreat a patient, resulting in irreparable damage. Such cases are also considered as fit to sue the medical practitioner with a medical malpractice case.
Although these are clear indications of the medical practitioner’s negligence, the court asks for evidence. The victim and his attorney need to prove the same with the help of concrete evidence. This evidence can be in the form of medical reports, prescriptions, doctor’s fee invoices, x-rays, other tests, and more to indicate the doctor’s guilt.
Once this evidence is submitted and proved, there are higher chances of winning the case.