The Burden Of Proof In A Medical Malpractice Claim
People usually visit a doctor to improve their health by receiving treatment and or, care. There are times when a doctor can make a mistake that can further injure a person who is already injured or can lead to a patient’s wrongful death. A patient can be eligible to recovery from an injury sustained by a physician’s hands if it is proven that they were negligent.
Any victim wondering if they have medical malpractice claim should call (305) 529-001 today for the answers
What Does a Victim Need to Show in a Malpractice Claim?
Medical malpractice is a complex area in personal injury law. The victim may have already had an underlying issue that could have led to the injury, or they may have had a condition that worsened due to the medical malpractice. Medical malpractice can also lead to a wrongful death which is another area of personal injury law that requires expert advice and knowledge.
Regardless of the circumstances of the medical malpractice claim, these following things need to be proven:
There was an existence of a Doctor and Patient Relationship: This requirement is pretty simple to understand. The patient has to show that they had a relationship with the physician. The way the victim can show this is through any treatments and care received by the doctor and any appointments that they may have had scheduled. Consulting physicians that perform malpractice can be much more complex in nature and hard to prove.
The Doctor Practiced Negligence: Many times, just because a patient gets injured from a procedure or treatment does not mean it automatically means that the doctor was negligent. Negligence is often times misunderstood in medical malpractice claims. The way negligence is proven in a medical malpractice claim is if the patient shows how the physician did not act ““reasonably skillful and careful”. In other words, the physician did not act as another skillful doctor would have given the same circumstance.
The Negligent Practices of the Physical Caused the Injuries
Once it has been shown that the physician was negligent during his work, the link between the physician’s negligence and the injuries sustained by the victim must be proven. The injuries endured by the victim have to have actually happened from that negligence. Sometimes it proves difficult to show this because the patient seeking treatment may have already been seriously ill, to begin with. A medical expert may need to step in and evaluate the situation.
The harms Endured Were Caused Because of The Injury
Once the negligence of the physician and the negligence that caused the injury have been established, the patient show how the recoverable harms can be recovered from that injury. These harms can be mental anguish, physical pain, loss of income, among others.
Experienced Medical Malpractice Lawyers in Miami
At Percy Martinez Law firm, their attorneys have settled medical malpractice claims ranging in the millions. They work with medical experts to collect as much evidence as possible to combat against the medical facility or physician’s insurance company. A person going to receive medical assistance should not end up worse than what they went in for. Medical malpractice claims face many challenges, but the Miami personal injury attorneys in the firm have successfully won thousands of cases.