Medical errors leave thousands of Floridians ill and injured every year. Hundreds of people also die from mistakes that were completely unavoidable had the doctor followed the appropriate standard of care.
But how do you know if you have a valid medical malpractice case? The fact that you or a loved one did not recover from an illness is not, by itself, proof that a medical professional was negligent. Instead, you should meet with an attorney for a free consultation.
Elements of a Medical Malpractice Claim
To bring a successful claim, you will need to establish 4 elements:
- You had a doctor-patient relationship with the doctor you are suing. This is usually easy to establish. If the doctor agreed to treat you, and you agreed to be treated, then there is a relationship.
- The doctor was negligent. Doctors must follow the appropriate standard of care. Generally, this means a doctor must use the same skill that other doctors in the profession would use, under similar circumstances. This element is usually hotly disputed, with doctors claiming they did nothing wrong.
- The doctor’s negligence caused your injury. The injury cannot be entirely pre-existing or caused by something else. Causation is often in dispute, also.
- You suffered damages. “Damages” is a legal term. You must have suffered some harm that the law offers a remedy for. Incurring medical bills, being unable to work, and suffering from pain are all legally recognizable damages.
If you cannot establish all 4 elements, then you won’t have a case.
Using Expert Witnesses
By far, negligence and causation are the most disputed issues, and an expert witness makes a big difference. An expert is usually a former or current doctor who practices in the same specialty as the doctor you are suing. This expert can offer an opinion about whether the defendant followed the acceptable standard of care, and whether this lack of care caused your injuries.
At our firm, we have established strong relationships with many expert witnesses. They are particularly credible and have excellent credentials to present to a jury.
Contact a Miami Medical Malpractice Lawyer Today
Dolan Dobrinsky Rosenblum has provided passionate representation for those people injured in a medical mishap. If you would like to discuss whether you have a case, call us today at 305-371-2692 to schedule a free consultation. Please avoid delay, since Florida has strict deadlines for bringing a medical malpractice case.