What You Should Know before Filing a Medical Malpractice Claim
Doctors, nurses, and other healthcare providers commit serious errors far more often than most people realize. Unfortunately, unlike other professions, when these individuals make mistakes, they can cause a lifetime of emotional distress, pain, and suffering.
If you suffered health complications as the result of a healthcare provider’s negligence or recklessness, you are probably considering taking action against them. While filing a claim cannot erase the hardships you’ve experienced, it could at least give you and your family the funds you need to get your lives back on track. However, before you jump into action, here are a few things you should know:
1. You Must Show That Your Healthcare Providers Breached Their Duty of Care
Much like most personal injury cases, you must be able to prove that another party—in this case, your healthcare provider(s)—behaved negligently or recklessly. In other words, the onus will be on you to prove that they breached the duty of care owed to you.
Healthcare providers are required to practice in line with the most widely accepted standards of care when it comes to diagnosing and treating their patients in a clinical setting. As such, when someone deviates from these standards, they have breached the duty of care owed to their patients.
If, for example, you suffered complications after an operation, this doesn’t necessarily mean the surgeon was negligent. However, if it emerges that he or she deviated from the standards of care, then you might have grounds for a suit.
2. You Must Prove That You Suffered Damages
If your healthcare provider noticed their error immediately, he or she may have taken steps to correct their mistakes before you suffered any health complications. In such situations, it’s unlikely that you would be able to recover compensation. However, if they failed to address the issue and you suffered as a result—incurring damages—you may be able to take legal action.
Damages in a medical malpractice case can include, but are not limited to:
- Emotional distress
- Pain and suffering
- Loss of enjoyment in life
- Medical expenses
- Lost income
- Diminished earning capacity
- Replacement services
3. You Will Need Strong Evidence to Support Your Claim
Unfortunately, even if it’s clear that your doctor is in the wrong, you will still have to build a convincing case in order to recover damages. In almost all situations, that means gathering compelling evidence to support every aspect of your claim. From eyewitness statements to expert witness testimony to your medical records, there are many types of proof that could play a role in helping you obtain a financial award.
Discuss Your Case with a Medical Malpractice Attorney in Miami
Taking legal action after suffering at the hands of a negligent healthcare provider can be a daunting prospect. At Viñas & DeLuca, PLLC, our legal team is ready to step in and grab the reins, handling the logistics of your case so that you can get back to focusing on your health. Contact us today at (305) 372-3650 or by drop us a message using our contact page HERE to request a case review with a Florida medical malpractice attorney.