What to Know Before Making a Medical Malpractice Claim
Medical malpractice is a term used to describe professional negligence by a healthcare provider that results in injury or death to a patient. It is an area of tort law that focuses on protecting patients from medical professionals who fail to provide care that meets the accepted standards of practice in the medical community.
That said, if you think you’ve been a victim of medical malpractice, here are the things you need to know before making a claim:
What Can Be Defined as Medical Malpractice?
Medical malpractice can be any act or omission by a healthcare provider that falls below the accepted standard of care and causes injury, damage, or death to a patient. This includes errors in diagnosis, treatment, aftercare, or health management. It also includes failure to warn of known risks, failure to obtain informed consent, or any other act that could be considered negligent.
How Does One Prove Medical Malpractice?
The first step in proving medical malpractice is establishing a doctor-patient relationship. The patient must be able to prove that he or she had a doctor-patient relationship with the medical professional in question. This can be done by providing evidence such as medical records, appointment records, or bills.
Once the doctor-patient relationship is established, the patient must be able to show that the medical professional did not act according to the accepted standard of care. This may include providing evidence that the medical professional did not follow proper procedures, did not use the appropriate methods of diagnosis, or did not use the accepted standard of treatment. The patient must also show that this lack of standard care resulted in harm or injury to the patient.
The last step in proving medical malpractice is to prove that the medical professional’s negligence resulted in harm or injury to the patient. The patient must be able to provide evidence that the medical professional’s negligence caused the injury or harm. This evidence can include medical records, expert testimony, and other evidence that the medical professional’s negligence was the cause of the injury or harm.
What Damages Can I Expect From a Medical Malpractice Claim?
Generally, medical malpractice damages can be broken down into two categories: economic and non-economic damages.
Economic damages are those that are quantifiable and have an exact monetary value. Examples of economic damages include medical expenses, lost income from missing work, and costs associated with long-term care. These damages can be calculated and documented with receipts, bills, and other documentation.
Non-economic damages are those that are more difficult to quantify. These damages are generally associated with the emotional and physical suffering of the victim and can include pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more difficult to calculate and may require testimony from the victim and/or expert witnesses to properly demonstrate the extent of the damages suffered.
In addition to the two categories of damages mentioned above, victims of medical malpractice may also be able to pursue punitive damages. Punitive damages are awarded to punish the wrongdoer and to deter similar behavior in the future. These damages are typically only awarded when the wrongdoer’s behavior is found to be particularly egregious.
It is important to note that each state has its own laws regarding medical malpractice claims. Therefore, it is important to consult with a qualified medical malpractice attorney to determine the types of damages that may be available in your case. An experienced attorney will be able to assist you in determining the best course of action for your particular situation.
Conclusion
Overall, medical malpractice claims are complex and require the assistance of an experienced attorney. Victims of medical malpractice may be able to pursue both economic and non-economic damages, as well as punitive damages, depending on the circumstances of their case. So, if you feel like you’ve been a victim of medical malpractice, act today!
Avard Law offers attorneys that are experts in various focuses of law, from social security disability to personal injury and more. If you are looking for a medical malpractice attorney in Florida, get in touch with us right away.