When you visit a healthcare provider, you expect nothing but the best possible care. If that doesn’t happen, you may have a medical malpractice claim. Winning a medical malpractice claim is easier said than done. You must have a solid case backed by evidence, and your settlement eventually depends on how you present your claim. Working with the right Miami medical malpractice lawyer can help immensely. Here are some key aspects worth knowing.
What is medical malpractice?
Simply put, medical malpractice occurs when a healthcare provider, hospital, or doctor acts negligently and fails to offer quality care or treatment. There are several common examples, including misdiagnosis, delay diagnosis, errors related to lab tests, surgical errors, and medication errors.
Contrary to what people think, medical malpractice is not uncommon and can happen to anyone. When the doctor or healthcare professional doesn’t adhere to the standard treatment protocols or standard of care, the patient suffers. This happens because they failed to keep up with the ‘duty of care’. Childbirth injuries are also covered in medical malpractice.
Filing a medical malpractice claim
It is not easy to prove medical malpractice for obvious reasons. As we mentioned, you need a solid case to back your claim. There are a few things to prove before you can expect a settlement:
- You must have shared a doctor-patient relationship with the doctor, and they agreed to treat you.
- The doctor didn’t follow the standard protocols for treatment or was negligent in their action. This is often the trickiest task because doctors usually claim that they didn’t do anything unusual in their practice.
- You must prove that you suffered damages because of the doctors’ negligence.
The damages may refer to medical bills, income loss, pain, and suffering.
Finding an attorney
There is no denying that medical malpractice cases are often the most complicated of personal injury lawsuits. It can be hard to prove that the doctor or the hospital was negligent, and without reliable evidence, your case can be dismissed.
Not all personal injury lawyers deal in medical malpractice lawsuits, so the experience is a key factor for your choice. You need to be sure that you can rely on the lawyer for their expertise, and if needed, you can ask for references.
Make sure that your lawyer is working on the case on a contingency fee. This means that the lawyer only gets paid if they win the medical malpractice claim.