Monday, December 21, 2015

To What Standards can I Hold My Doctor?

How a lawyer can help prove negligence

(Broward County, Florida) – December 21st, 2015 – For the most part, the standard a patient can expect from a doctor when undergoing treatment is termed is “standard of care” or “duty of care”. A mere bad outcome cannot be sufficient grounds to file a medical malpractice suit if the provider exercised his/her “duty of care” properly no matter how motivated your Broward County, FL medical malpractice lawyer is. 

The doctors and nurses around you may seem like nice people. They probably are but that is not going to get you better and one of them made a terrible error. If you let them off the hook will they do it again? If you sue them, will they still take care of you? You need legal help and you need someone healthy to help you out. You need a Broward, Florida medical malpractice lawyer at your side now! Go right here to make this happen: http://medical-malpractice.usattorneys.com/florida/.
The patient-physician relationship

Duty of care commences as soon as a physician-patient relationship is established when the patient present and the doctor begins diagnostic and treatment measures. This takes much more than an initial email or phone call. This relationship continues until the need for care is finished or until the physician or patient brings it to an end.

The duty of care

In any medical malpractice or hospital neglect case, the major question is whether the physician acted like any reasonable medical care professional with the same training, competence, and skill would have under comparable circumstances.

Failure to meet duty of care

Any patient following a medical malpractice claim must establish that the physician could not meet the appropriate duty of care in some way. In other words, he has to prove that “more likely than not,” the doctor’s negligence caused the injury or else it will be difficult to prove negligence on the part of your doctor, although the doctor need not prove anything. 

This difficulty is further compounded by the fact that numerous malpractice or hospital neglect cases are filed by people who were injured or sick to begin with, and the damage must have been fairly foreseeable. Besides, you should have expert witnesses to testify in support of your claim and your Florida medical malpractice attorney will help set this up for you. This is because every state in the US requires the presence of expert witnesses in order to establish proper duty of care to have a successful medical malpractice claim.

No one said doctors and nurses do not have hard jobs. But what is not that hard? Is flying a passenger plane easy? Is trying to figure which software works best with what type of smart phone easy? Is trying to umpire a MLB game easy? There is not any easy jobs out there since if they were easy everyone would be doing them and the pay would be minimal at best. But just because a doctor or a nurse has a hard job does not mean they can be careless and ruin your month or the next eight months or so and then walk away like nothing has happened. This is where a legal representative is needed to hear your case (http://nursing-home-abuse.usattorneys.com/florida/). 

The injury caused damages

Even when a medical care provider performs below the standard duty of care, a plaintiff has to establish that he/she suffered tangible harm because of this violation of duty of care. Here, harm means physical pain, mental distress, extra medical bills, as well as lost ability to earn money or work, as per Broward, FL medical malpractice lawyers.

Medical malpractice cases

In most states, medical malpractice or hospital neglect is more of a civil tort than a criminal offense heard in court, often in the presence of a jury. Medical care providers, when found guilty, can be held liable for paying financial compensation to their victims, although several states cap this sum of money. In addition, they can face professional consequences such as suspension of their license to practice and revocation of their professional licenses.

The laws and regulations concerning duty of care, harm, and injury in medical malpractice cases are complex. Besides the facts of every case as well as the relevant law of every state may vary. Under the circumstances, it is imperative that you get help from a South Florida medical malpractice lawyer right away.  

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