Could You Possess A Fort Lauderdale Medical Malpractice Legal Claim?

By Al Tobiassen

A Fort Lauderdale medical malpractice lawyer may be able to help you pursue a legal claim if you've suffered from a poor outcome as the result of a medical procedure. Before getting started though, it's important to understand that not all medical procedures that end poorly are the result of malpractice by a medical professional.

For a malpractice claim to exist, certain factors must be present in the actions by the medical practitioner.

Who Is Responsible

For medical malpractice to exist, the first requirement is that the claim is being filed against a medical professional, which includes physicians.

In order to have a valid claim, the patient must be able to prove that a physician-patient relationship did exist between the doctor being sued and the patient filing the lawsuit. Practically, this means that a person may pursue a claim against a personal physician who has consented to see and treat the patient's medical condition, but doctors cannot be sued for malpractice based on overheard advice given at a party or other social event.

Proving a doctor-patient relationship can be complicated in cases with a consulting physician and the injured party. A Fort Lauderdale medical malpractice lawyer can help answer your questions about whether a patient-doctor relationship exists in your specific case.

What Malpractice Is

A Fort Lauderdale medical malpractice lawyer is the best person to advise you on if your case qualifies as malpractice in Florida, but there are some general guidelines that can help you.

Generally speaking, an individual who is harmed by the incompetent performance of their medical practitioner has suffered malpractice. However, if the medical professional performed with an appropriate amount of skill and care but an injury still resulted, this would likely not constitute malpractice.

Incompetence and negligence on the part of the medical professional must have directly resulted in the injury the lawsuit is being filed over. Injuries that result from the condition that was being treated would not be considered malpractice.

The patient must also be able to establish that the doctor's negligence led to a specific type of harm, such as physical pain, additional financial difficulty, and mental anguish.

Types of Malpractice

There are a few malpractice claim types that are common. These include the failure to correctly diagnose the patient, failure to correctly treat the condition, and failure to warn of known risks of treatment.

Your Fort Lauderdale medical malpractice lawyer may call medical experts to testify. This can help establish the standard of care that should have been expected in your case, including typical diagnosis, treatment and side effects.

Time Limits For Lawsuits

One more thing you should know about medical malpractice claims is that you have only a specific amount of time to file claim. This is known as the statute of limitations. If you file suit after that time period has expired, the case will be dismissed.

Since the statute of limitations is a small time period in malpractice cases, patients who believe they may have a valid claim are encouraged to contact a qualified a Fort Lauderdale medical malpractice lawyer immediately.

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Get help from experienced medical negligence attorneys in Fort Lauderdale, FL. Contact the Fort Lauderdale personal injury attorneys at Lisa S. Levine, P.A. today.