Important Facts About Medical Injury Claim Elements And Fort Lauderdale Malpractice Attorneys

By Barry Kerin


If you have ever found yourself in a position where you have a medical malpractice claim, you know how unsettling it can be. There are many different types of medical related malpractice, and it can be one of the most devastating things that that could happen to you or a loved one.

If you find yourself in a position that puts you in the shoes of a medical malpractice patient, the first thing you should do is identify the four elements that apply to any medical malpractice case. Once you have done that, it is time to look for a Fort Lauderdale medical malpractice lawyer that can help you get what is rightfully yours due to your injuries.

Duty, Breach, Causation, Damage

First, know that the relationship between you and your doctor is the first element in any malpractice case. The element is called duty, and it establishes that you had a relationship with a doctor and they vowed to provide the best medical care possible. When a mistake occurs, being able to document that will be the evidence for the second element.

You also need to be able to prove that there was a breach in the agreement. When they do not provide the best care that they possible can, this is considered a breach. You should remember that if you are misdiagnosed, that does not automatically qualify you for filing a court case. You need to be able to identify all four elements to ensure that you have the best chance of winning.

The third element is called causation. What this element means is that there was a lack of good care and an issue occurred. A great example of this situation would be if you went in to get a surgery on your left arm and the doctors accidentally operated on your right arm instead. While this element alone might seem like enough to file a lawsuit and get a Fort Lauderdale medical malpractice lawyer, there is still one more element that needs to be figured out.

Finally you have to be able to prove the fourth element, damage. If you want to prove damage you are going to have some form of evidence that they did something that caused a mistake and you suffered extra injuries from it. An example would be if you had surgery and they accidently left a piece of equipment inside you. The proof of damages would the papers showing the extra surgery that you had because of their malpractice.

How a Lawyer Can Help You

If you are suspicious that you or someone close to you ended up the victim of medical malpractice, you are going to need a Fort Lauderdale medical malpractice attorney to help you resolve your case. Under no conditions should you consider filing a medical malpractice lawsuit without proper advice from a lawyer who is experienced in this field.

Medical mistakes are terrible and many are avoidable. We do not live in a perfect world, so there might be a time where this happens to you and you need to get an attorney. If you are able to identify the four elements of your medical malpractice and have a good medical malpractice lawyer on your side, you should go to court and get what you deserve for your damages.




About the Author:



No comments:

Post a Comment