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What Is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or other health care practitioner accidentally injures a patient. It can also occur as a result of errors in diagnosis, treatment, care, or medical management. 

If you suspect you’re a victim of medical malpractice, reach out to a West Palm Beach injury lawyer for help filing a claim and seeking justice.

The Trial Process

Medical malpractice cases are rarely tried in court, but this is the norm in civil litigation in the United States. As a result, a variety of legal tools have been developed, the most important of which is the discovery process. There is a significant amount of time between the filing of a lawsuit and the court hearing for the parties to exchange information and establish the facts.

In a medical malpractice trial, a jury is chosen from a pool of potential jurors. The jury selection procedure varies from courtroom to courtroom. Some judges allow lawyers to directly question potential jurors. Other judges conduct their own questioning, which is usually based on written questions submitted by the parties.

Filing a Medical Malpractice Lawsuit

In order to prove in a medical malpractice lawsuit that a physician violated the medical standard of care and caused you harm, months or even years of pre-trial investigation may be required. If there is cause to pursue a medical malpractice claim, the patient must provide relevant facts. 

Many states require attorneys to file a certificate of merit before filing a medical malpractice lawsuit. As a result, you’ll need an expert who is committed to their point of view and willing to defend that view in deposition and/or at trial. If there is any doubt about the extent of the damage, an independent medical examination may be beneficial.

What Must Be Proven in a Medical Malpractice Lawsuit?

The rules and procedures for filing a medical malpractice claim differ from state to state, but it must be done as soon as possible. The time limit for filing a lawsuit in Florida is two years. Pre-litigation procedures are required in some states, such as Florida, before a lawsuit can be filed. 

A plaintiff must establish the existence of a doctor-patient relationship, demonstrate that the doctor failed to meet a reasonable standard of care for a similar professional in the same circumstances, and demonstrate causation and actual damages. Plaintiffs claiming medical malpractice may be awarded both monetary and non-monetary damages

How Does a Lawyer Identify the Victim of Medical Malpractice?

In a medical malpractice lawsuit, attorneys must prove a number of things. They must first demonstrate that a doctor-patient relationship existed and in the right setting. To put it another way, you can’t sue a doctor for giving you bad medical advice at a party.

The attorney must then demonstrate that the defendant breached his or her duty of care. As previously stated, the duty of care is also known as the standard of care in the medical industry. In other words, it’s what a doctor’s colleague would do in a similar situation. Finally, a medical malpractice attorney must show that your injury caused you financial or other harm. 

All these elements will help establish if you have a medical malpractice case.

Contact a Medical Malpractice Lawyer

If you believe you have a legal claim against a hospital or medical facility, you should consult with an attorney as soon as possible. Consultations for medical malpractice are free at The Law Offices of Casey D. Shomo, and you will only be charged if your case is successfully resolved. 

A medical malpractice claim cannot be pursued on your own. You’ll need an experienced attorney with a track record of assisting clients in obtaining the compensation they deserve. To speak with a medical malpractice attorney, call 561-659-6366 or fill out our contact form.