Who Can Hire a Medical Malpractice Lawyer in Orlando?
If you or a loved one has experienced medical malpractice at the hands of a healthcare worker or physician, then you need to know the next steps. A big part of knowing the next steps to take is understanding what medical malpractice is, and how it differs in Florida than in other states.
Medical malpractice can be really frightening because it can cause long-term disability, misdiagnoses, and it can even cause death. Because of this it is a great idea to ask questions of your medical malpractice lawyer in Orlando, Florida. Your medical malpractice lawyer in Orlando is going to be able to help you answer a lot of your questions. But what kind of questions should you be prepared to ask?
Q. Can I bring a case or pursue a case or lawsuit against a doctor, healthcare provider, or hospital if the medical provider was negligent and made a mistake or committed another type of error?
A. You can pursue a successful medical malpractice case against a doctor, hospital, or healthcare provider. You must be able to prove that by the greatest weight of the evidence the actions of the person who is being accused of negligence represent a clear breach of the prevailing professional standard of care in the specialty of the medical provider. This rule can be found in the Florida statute 766.102.
Q. What is the standard of care? How do I know the standard of care of my doctor, hospital, or healthcare and medical provider?
A. The standard of care is a level of care, skill and treatment that is going to be recognized as acceptable and appropriate by other similar festivals in the medical field. If the doctor or hospital that you were treated at acted up to the standard of care in a reasonably prudent manner, and you are still injured, such as if your injury was a known risk or danger of the procedure then you will not be able to pursue a medical malpractice case. This is because you are fully informed of the danger of the procedure or surgery and decided to go with it. However if your standard of care was not met and you were injured and the injury was not a side effect of the surgery, operation or the disease that you have, then you would have a case.
Q. How do I prove that my doctor, hospital, health care provider or other medical provider did not live up to or act in my best interest? How do I prove they messed up the standard of care?
A. The easiest way to prove that your doctor or other medical healthcare provider did not live up to the professional standard of care is going to be by hiring a second doctor in the exact same specialty and field. So if you are dealing with a cardiologist and that cardiologist said something that caused your standard of care to go lower than it shut up, you would hire a second cardiologist usually with recommendations and they would review your your charts of medical records as well as the work of treating you and they would then offer an opinion to the court.