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Who Can Hire a Medical Malpractice Lawyer?

Who Can Hire a Medical Malpractice Lawyer?

Patients depend on their doctor or healthcare provider to receive essential treatment and specialized care, but that is not always the case. Cases of medical malpractice that result in serious harm to a patient do occur. When a healthcare professional is negligent or distracted, they can injure a patient and permanently impact their life. If you have been injured by a doctor, nurse or other medical staff member, you may be able to hire a medical malpractice lawyer. 

Medical malpractice claims can be challenging to file. You may not be sure if you can or should hire a medical malpractice lawyer. If the following situations apply to you, a medical malpractice lawyer can offer you important legal advice so that you can file a successful lawsuit. 

You were a patient of a doctor or medical professional

A key part of filing a successful medical malpractice claim is the ability to prove that you were under the care of a doctor, nurse or other healthcare professional. If you were treated at a hospital or clinic you may be entitled to file a medical malpractice claim. 

While only one injured individual typically can file a lawsuit, in unique circumstances a family member or other involved parties can be included in the claim. For example, an injured person who is incapacited and is unable to communicate their wishes on their own can have another person speak on their behalf. Elderly patients may also have a power of attorney and can have a designated person file a claim for them. 

You were injured as a result of negligence

To file a medical malpractice lawsuit, the victim needs to show that the negligent individual’s actions or lack of action directly caused their injury. Negligence in the context of medical malpractice is considered as an inability to provide a standard of care to a patient. They failed to reasonably provide care in a way that another skilled medical professional would have under the same or similar circumstances. 

You are entitled to damages 

A medical malpractice lawyer from Fort Lauderdale, FL, like one from Needle & Ellenberg, P.A. can help you make a list of damages you may be entitled to. In a medical malpractice case that may include many complexities, the list of damages can be lengthy. A lawyer will evaluate the list so that it is accurate and complete. Damages include medical bills including future care, loss of earnings and future earnings, reduced earning capacity, rehabilitative therapy, general pain and suffering and much more. 

You have time to file a claim

The statute of limitations for filing a medical malpractice lawsuit in Florida is two years. You can hire a medical malpractice lawyer if the deadline to submit a claim has not passed. They will be able to help you gather the evidence and information you need so that your claim can be filled out correctly. 

As a medical malpractice victim, you deserve to receive full compensation for your injury. Talk to a medical malpractice lawyer in Fort Lauderdale, FL for urgent legal advice.

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.