Anyone who has had the misfortune of becoming a victim of medical malpractice can tell you how much of a devastating effect it can have on those who have been afflicted, their families and friends also. In order to compose an medical malpractice claim, there must exist some basic requirements:
- A doctor-patient relationship was established
A physician-patient relationship with the doctor you are suing must be proven.
- You can prove the doctor was negligent
Being unhappy with the results of a treatment or medical care are not grounds for medical malpractice. A doctor must be negligent by not being skillful or careful in your diagnosis or treatment.
- The doctor’s negligence was responsible for causing the injury
Again, a medical expert may be necessary in order to testify that the doctor’s negligence caused the injury. The reason is because many medical malpractice cases involve patients who were already injured or sick.
- Specific damages resulted from the injury
You can’t sue for malpractice damages if you did not suffer any harm, even if it is obvious that the doctor performed below the expected standards set forth in his or her filed of work.
Types of injuries patients do sue for include:
– Physical pain
– Mental Anguish
– Additional medical bills
– Lost work / earning capacity
* If you feel you do not meet the requirements above, you should still consult with an attorney just to be sure.
Here are some tips to help you getting a better settlement:
- Begin preparing as soon as possible
The moment you first suspect or realize you have become a victim of medical malpractice, you should immediately contact a malpractice attorney. In Florida, the statute of limitations allow a victim only two years to file their lawsuit. In addition, medical malpractice cases can be time consuming to pursue. Remmember this!
- Be aware of your time limits:
Often times you may not know you’ve been a victim of medical malpractice unless you’ve had a follow-up with another doctor and they have been critical of what the previous doctor did. It is rare that another doctor would be willing to get involved in malpractice litigation, for many reasons.
- Collect your medical records and documents
This will help ensure the investigation goes smoothly and uncovers all of the important facts and details relating to your case. Although your attorney can request these records, you can save a great deal of time if you just get them together and in chronological order yourself.
- Assemble a timeline and narrative
Your medical records alone will not be sufficient enough to paint a good picture of what happened in your situation. You’re going to want to put as much detail into explaining the sequence of events as possible, from beginning to the present. The best way is to take time to write hronologiccaly everything what happened.
-Feel free to ask questions
You should not be afraid to ask us any questions at any time. Donâ€™t let anything to case, rather ask everything that you might not unerstand.