What Constitutes Medical Malpractice?

Medical malpractice occurs when a professional healthcare provider neglects to provide appropriate treatment. Also, it involves failure to give the substandard treatment that causes injury, harm, or death to the victims. The most common medical malpractice area is surgery malpractice, but gynecologists, oncologists, and pediatricians can cause harm through negligence or carelessness.

Even pharmacists and nurses have committed significant medical malpractice actions that have resulted in harm – sometimes by offering the wrong medication and wrong dosage. If you are pursuing a medical negligence claim, contact Miami, FL medical malpractice lawyers for legal counsel and representation.

For the case to be considered medical malpractice under the law, it should feature the following characteristics.

There must be existed in a doctor-patient relationship

The patient must show that he or she had a doctor-patient professional relationship with the physician he is suing. This means that the medical expert agreed to be hired by the patient. It is easy to prove the doctor-patient relationship existed, although questions of whether the doctor-patient relationship existed may arise where the doctor did not treat the patient directly.

Failure to deliver proper care (the duty of care)

Generally, the law acknowledges that professional healthcare provider adheres to specific standards or potentially be accused of negligence. A patient, therefore, has the right to expect that the health care professionals deliver care consistent with the required standards. And if he determines that the services offered don’t meet the standard of care, the negligence can be established.

The negligence resulted in significant injuries

For the medical claim to be valid, the patient must prove to the court that he or she sustained injuries that would be prevented in the absence of the negligence. He or she must show that the negligence resulted in injuries. If there is negligence that did not cause the injury or injury without negligence, the case is invalid.

Sustained injury must have significant damaging consequences

These kinds of claims are costly to litigate. Mostly, they require testimonies from numerous qualified medical experts and many hours of deposition testimony. For a claim to be successful, the patient must prove that sustained injuries due to medical malpractice resulted in significant damages.

If the damages incurred are small, the cost involved in pursuing the case might be higher than the eventual recovery. To seek a medical negligence claim, the patient must show that the injury caused resulted in considerable damages. Considerable damages include constant pain, suffering, and hardship, disability, unusual pain, loss of income, and significant medical bills.

It is highly recommended to hire an aggressive medical malpractice attorney who is well-versed on what constitutes medical malpractice and is experienced and skillful to represent you in your claim. Malpractice claims typically require high-level expertise. If you suspect that the physician was negligent, you should consult an experienced medical malpractice lawyer to get the answers you need.

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