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As patients, we tend to place all our faith on the medical professionals who are responsible for our care. Some of them could be with us most of our childhood and into our adult lives. They get to know us and our routines, our medical needs, and how we communicate. Medical professionals in some areas are even close friends with their patients.
Unfortunately, even medical professionals can make small mistakes at times. But sometimes those small mistakes can cause further harm to their patients. Most medical professionals strive to give the highest standard of care to those patients, but the smallest mistake could have serious consequences and lead to a medical malpractice case. There are certain circumstances that could lead to a medical malpractice case, such as:
Misdiagnosis- If another doctor would give a different diagnosis and treatment options what would result in a better outcome.
Failure To Diagnose- When a doctor doesn’t warn the patient about any possible side effects or other conditions that could come from a specific treatment or procedure.
Substandard Medical Treatment- When a medical professional does not provide the proper treatment or suggests a treatment that no other doctor would recommend.
The first step in proving that you were a victim of medical malpractice is to prove that you had a doctor-patient relationship with the medical professional in question. This type of relationship begins the moment that a doctor or other type of medical professional agrees to take care of the patient. Most doctor-patient relationships are not disputed in court and can be easily proven with the help of an attorney.
Providing Evidence of a Medical Professional’s Negligence
Just because a patient isn’t satisfied with their care doesn’t mean they can sue for medical malpractice. If a surgeon doesn’t perform an elective surgery because there are other medical factors that could lead to complications, there is no malpractice.
Proving negligence of the medical professional in charge of your treatment is a top priority in malpractice cases. The evidence must prove that the medical professional didn’t perform to the level of skill another with similar training would have.
A different specialist will need to be brought in to testify as to what they would’ve done if they had been in the physician’s place. They can provide all the necessary steps they would have taken to provide you with a better outcome.
Doctors are required to provide reasonably careful and skillful care, they are not required to be nice. If a patient is demanding a service they do not need, the doctor has the right to walk away from the case and dismiss them from their care.
Proof of Injury
Proof of injuries suffered due to substandard treatment must also be provided by those who file medical malpractice claims. Some damages including pain and suffering, loss of wages, and the cost of treatment can all be covered with compensation.
There are many reasons for medical malpractice suits to be filed. With the right proof and adequate testimonies, your claim could be successful. Some of the ways you could be injured by a medical professional and be eligible to claim medical malpractice include but are not limited to:
Childbirth- In the process of bringing a child into the world, numerous things can go wrong. Illnesses such as seizure disorder, paralysis, or cerebral palsy can be caused by a mistake caused by the medical professional in these delicate situations.
Infection- Hospitals are a breeding ground for bacteria. Dirty medical instruments and other unsanitary conditions in the hospital can cause patients to get sick or even die.
Informed Consent– In order to properly care for a patient, doctors must provide information on procedures. If the patient is not adequately informed, they couldn’t possibly make an informed decision about their care.
Anesthesia- While it may be the least common cause of medical malpractice, they pose as much if not more of a threat. There is a large number of people who can not have certain anesthetics, so an in-depth review of their medical history is called for in such cases.
Proof the Injury was Caused by the Medical Professional’s Negligence
The evidence you provide must show how your injury was sustained while under the negligent care of the medical professional. Unfortunately, if you are unable to prove the doctor was the direct cause of your injury, your case may be denied.
Also, you must prove that your injury is not caused by a condition you already have. If a patient with a weak heart were to pass away, it must be proven the doctor and not the heart was to blame.
Both sides of a medical malpractice case will most likely bring in other specialists to testify. In order for your claim to be successful, you will need this essential expertise.
A medical Malpractice case requires knowledge and research. Your attorney will need to be able to handle all that entails. Your attorney should have experience and an understanding of what your unique case entails.
Working With a Florida Medical Malpractice Attorney
When medical professionals make mistakes, it’s usually at the patient’s expense, whether it be financial or physical pain. The compassionate team of medical malpractice attorneys at Sheftall Law understands the feeling of betrayal that comes when the medical professionals that we trust with our lives take that trust for granted. We are always happy to answer any questions you may have about your unique situation and will help you explore the legal options that are available to you. If you believe that you or someone you love are a victim of medical malpractice in Florida, don’t hesitate to call Sheftall Law at (904)-569-6025 today for a free consultation with one of our dedicated medical malpractice attorneys.
As patients, we tend to place all our faith on the medical professionals who are responsible for our care. Some of them could be with us most of our childhood and into our adult lives. They get to know us and our routines, our medical needs, and how we communicate. Medical professionals in some areas are even close friends with their patients. Unfortunately, even medical professionals can make small mistakes at times. But sometimes those small mistakes can cause further [...]
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In the face of the COVID-19 pandemic, our attorneys and staff are available for telephone and videoconference appointments to discuss your concerns. Click the contact button to schedule a consultation with us. Contact Us!
Just because a patient isn’t satisfied with their care doesn’t mean they can sue for medical malpractice. If a surgeon doesn’t perform an elective surgery because there are other medical factors that could lead to complications, there is no malpractice. 
