HOW TO ESTABLISH A MEDICAL MALPRACTICE CLAIM IN FLORIDA
Were you injured while under the care of your doctor? If so, you may be wondering what steps you can take to recover financial compensation. In order to prove that you are entitled to damages for the harm that you have suffered, you must first be able to show that your case meets a few basic requirements—since not all medically-related mistakes will amount to medical malpractice. For example, you may not be able to sue your doctor for injuries suffered during surgery if you were made aware of the risks prior to the procedure. On the other hand, you may have a valid case if you were not forewarned and/or you did not provide informed consent. Regardless of the circumstances, however, you must always be able to prove that the following factors are true in order to pursue a claim:
#1: A doctor-patient relationship existed
First and foremost, you must be able to prove that an actual doctor-patient relationship existed—meaning that you hired a doctor who also agreed to be hired. You could not file a lawsuit if informal advice was given out of the context of a doctor-patient relationship.
#2: Your doctor was negligent (i.e. not reasonably careful)
Next, you must be able to prove that your doctor had acted negligently. You could not file a lawsuit simply because you are unhappy with the results of your treatment; rather, you must be able to prove that they were unreasonably neglectful, careless, reckless, etc.
#3: Your doctor’s negligence caused your injuries
Furthermore, you must be able to show that your doctor’s negligence has caused your injuries. You could not file a lawsuit simply because your doctor was unable to cure or successfully treat your illness, unless it is likely that another reasonably prudent doctor could have.
#4: Your injuries caused you to suffer specific damages
Finally, you must be able to prove that you have suffered specific damages. Even if it is clear that your doctor had provided sub-standard care, you could not file a lawsuit unless you actually suffered harm—which may include pain and suffering or additional medical expenses.
Think you have a case? If so, you should not hesitate to explore your options with the Tampa medical malpractice attorneys at The Florida Law Group. Not only have our lawyers been selected for inclusion on the Super Lawyers® list, but they have even earned membership in the Million Dollar Advocates Forum® and an AV Preeminent® rating from Martindale-Hubbell®. Not to mention, Lead Attorney Chris Limberopoulos is also board-certified as a Civil Trial Specialist and Pre-Trial Advocate by the National Board of Trial Advocacy. For this reason, you can trust that your case will be in competent hands. Call today at 888-467-6475 to schedule your free initial consultation.
