How do you know if you have Medical Malpractice?

Often patients feel that they have been the victims of a medical malpractice case. Sometimes, it may be true, and sometimes, it may not be. Let us understand what things to prove to show the occurrence of medical malpractice. 

Existence of A Doctor-Patient Relationship

The first and the most important thing that needs to be proven by the Miami Medical Malpractice Attorneys in a medical malpractice case is the existence of a doctor-patient relationship. If the doctor you plan to sue was hired by you and he agreed to be hired, you need to be proven. It is not possible to sue a doctor overhearing him at a party giving some medical advice. When a doctor starts treating you, you can always prove the existence of the relationship. It can be medical records, prescriptions, etc. The problem may arise when a doctor did not treat the patient directly. 

Negligence of the doctor- The next important factor that needs to be proved is the doctor’s negligence. Some people tend to sue their doctors if they are not satisfied with the treatment or do not get the desired results. Such instances do not make a medical malpractice case. To know that you have a medical malpractice case, the patient must show the harm coming your way that a competent doctor would never have done. The doctor’s care is expected to be reasonably careful and skillful rather than extraordinary. The heart of the case would be the fact if the doctor was reasonably careful and skillful. 

Injury Due to the Doctor’s Negligence- A majority of malpractice cases involve patients already injured or sick. The focus must be on proving that further damage or harm to the patient occurred due to the negligence of the doctor. It is challenging to show that the harm, damage, or injury came due to something the doctor did not do right or his negligence. It can be done by bringing a medical expert to testify the doctor’s negligence, which resulted in a grievous injury. 

Specific Damages- Unless a patient suffers any harm due to the negligence of the doctor, he cannot be sued for medical malpractice. Some examples of harm, damage, or injuries to a patient are-

  • Mental anguish
  • Physical pain
  • Additional medical bills
  • Lost earning capacity
  • Lost work

Here are a few common forms of medical malpractice.

There may be multiple situations leading to a medical malpractice claim. Here are a few of them.

Wrong Diagnosis- If a doctor, despite being competent, wrongly diagnoses the patient, which made it impossible for the patient to get the treatment’s desired outcome, he has a valid medical malpractice claim. 

Wrong Treatment- If the doctor is reckless or careless and wrongly treats the patient, resulting in a lot of harm and damage coming to him, the patient can sue him for a medical malpractice claim. Even if the doctor correctly diagnoses the problem but administers it incompetently, it can result in wrong treatment.

Patient Not Warned- If the doctor fails to warn the patient about possible risks he may have to undergo when going for treatment, resulting in a detrimental procedure, he may call for a medical malpractice case.

It is important to seek help from an experienced Miami medical malpractice attorney and then decide if a claim needs to be filed.


Previous post How to clean and sanitise Your Sneeze Guard to make it Secure and Durable?
Next post Can Design-Thinking Increase ROI by 300%?

Leave a Reply

Your email address will not be published. Required fields are marked *