If a doctor or any medical professional fails to perform his/her duties due to either negligence or lack of competence, it is referred to a case of medical malpractice. Medical malpractice causes harm and even death to a patient and hence, should be handled with an iron hand. The rules in this regard are not uniform in all states of America. However, the basic principles remain the same for all cases of medical malpractice. This article gives the readers an insight into the laws and some special rules.
Basic Requirements to File a Lawsuit Claim
After you meet a Miami medical malpractice attorney, it will be explained as to how important it is to collect evidences in support of your claim. You must produce documents to establish the following points:
Treatment under supervision of the alleged doctor: If you want to sue a medical professional on the grounds of medical malpractice, you have to prove that you paid a visit to the person or sought an appointment with the same. You cannot sue a doctor for giving you some advice at an informal gathering.
Negligence of the professional: Even if the best effort is put and no negligence is there, the condition of a patient may worsen and he/she could expire. However, that does not make valid grounds for medical malpractice. You have to prove that the professional’s treatment led to harm that could have been averted if a competent doctor would have worked under the same conditions. The doctor must have skill and show care while treating the patients. All states require the applicants to produce a detailed medical report to explain the standard of care and how the problem ensued from it.
Injury caused due to doctor’s negligence: Medical malpractice could even occur to those who are already injured or sick. Therefore, an inevitable question in this regard is whether problems happened due to doctor’s negligence. For instance, if a patient dies of lung cancer after treatment and the doctor showed negligence, it is hard to prove that his action actually caused the patient’s death. The patient’s family members must prove that the doctor’s negligence or incompetence was most likely the reason for the death.
Injury caused damages: Even if a doctor or any medical expert showed negligence, you won’t be able to sue him if the patient in question suffered no harm. A patient can suffer harm in different ways as follows:
- Physical pain
- Mental agony
- Lost wage and loss of ability to earn
- Additional medical expenses
Medical Malpractice claims may result from different situations ranging from leaving a knife in the patient’s stomach to failing to alert the patient that overdose of a drug could cause heart attack.
Wrong Diagnosis: Wrong diagnosis or delayed diagnosis could make the condition worse for the patient and may even cause death to the person.
Wrong Treatment: Wrong diagnosis must not be confused with wrong treatment. If the doctor diagnoses the problem correctly but treats it incompetently, that makes a ground for lawsuit filing.