Can I Sue for Medical Malpractice
When you go to a hospital for treatment, you always expect to leave better than you came in. But what happens when a doctor or healthcare institution is careless and harms you instead? Can you sue for medical malpractice?
Medical malpractice occurs through a doctor’s negligent actions or inactions that result in untold damage to the victim or even death. When this happens, a medical malpractice lawyer can help you sue the physician or hospital that caused your suffering and seek compensation for all damages.
Here’s how to sue for medical malpractice with the help of a West Palm Beach personal injury lawyer and some of what you can expect along the way.
How to File a Medical Malpractice Claim
If you think you’ve been a victim of medical negligence, filing a claim is the first step to getting compensated for your suffering. A medical malpractice attorney can review your case to determine whether you have grounds for a claim.
Some states, including Florida, require you to notify the liable parties that you intend to lodge a claim against them. This also requires a sworn statement from an expert physician to support your claim.
After this, the defendant’s insurance company has ninety days to respond to how it wishes to move forward with the case. Remember to file the claim within the stipulated statute of limitations, which is two years after the discovery of your injury in Florida.
Proving Medical Malpractice
To prove negligence, you’ll have to justify the four Ds of medical malpractice in your claim. This is usually not an easy task, and it may be better to hire a medical malpractice lawyer to argue your case with insurance companies.
The requirements for medical negligence are:
- Proving the existence of a doctor-patient relationship between the parties involved (duty).
- Show the doctor was negligent or deviated from the standard level of care required (dereliction).
- Proving the physician’s negligence is the cause of your injuries (direct cause).
- Showing the injuries suffered caused damages like medical bills, loss of income, and physical pain (damages).
While meeting some requirements is relatively easy with a statement from a medical professional, proving a direct cause and resulting damages can prove difficult without legal support.
Getting Compensation for Medical Malpractice
When you are hurt due to a healthcare provider’s negligence, you deserve compensation that covers all current and future losses. Unfortunately, most people don’t understand the basics of medical malpractice enough to know their claim’s full value. Working with a lawyer helps you get the most from your compensation because they’ll factor in both economic and non-economic damages.
Economic damages include quantifiable financial losses, such as medical care costs and lost wages. Non-economic damages are intangible and include things like pain, emotional, and mental suffering resulting from the incident.
Speak with a Medical Malpractice Lawyer
You shouldn’t have to suffer the consequences of a negligent doctor when a medical malpractice lawyer can help you go after maximum compensation for your suffering.
The Law Offices of Casey D. Shomo understands your anguish and can review your case to identify grounds for a medical malpractice claim. Take advantage of a free consultation by calling 561-659-6366 or filling out the contact form below.