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
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/).
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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