Simon Hopes
by on September 16, 2019

If you suffer pain or injury as a result of a doctor’s negligence or careless acts, you may be wondering whether or not you have a medical malpractice case. That’s understandable. After all, it’s not like you deal with such cases daily.

But as you can imagine, it is difficult to judge whether your caregiver was at fault. However, if you have reasons to believe that your injury or illness is as a direct result of the nurse’s or doctor’s negligence, then you may be able to file a medical malpractice lawsuit against them. Some examples of medical malpractice cases that can be proved include:

  • Wrong dosage of anesthesia
  • Injury during surgery
  • Contraction of infection in a healthcare facility or doctor’s office
  • Wrong medication prescription
  • Failure to diagnose a disease that should have been identified
  • Not being informed of the potential consequences or risks of a surgery or treatment

Since you do not have much experience about such cases, it might be in your best interest to consult with a Cleveland medical malpractice attorney. They are experts and will analyze your situation and inform you of the best course of legal action to take. Again, since you will be battling against the hospital’s highflying lawyers, you want a good lawyer to protect your rights.

Understanding the medical standard of care

The medical standard of care is the level and type of care that a reasonably skilled and competent doctor, with the same background and medical community, would have issued under the circumstance that resulted in the alleged malpractice.

Basic requirements of a lawsuit

To prove that medical malpractice happened, you (or your lawyer) will need to show all of these things:

A physician-patient relationship existed: you need to prove that there was a doctor-patient relationship with the doctor in question. Meaning, you sought their services, and the doctor accepted to offer the services.

The physician was negligent: You cannot sue a doctor because you are unsatisfied with their services. To have grounds, you must prove that the caregiver was neglectful with regards to your treatment or diagnosis. You must verify that the doctor did not meet the medical standard of care.

The negligence results in injury: Since a majority of malpractice cases revolve around patients who were already injured or sick, there’s the question of whether the actions of the doctor (negligent or not) led to harm. So you’ll need to prove that your injury was a direct result of their actions.

The injury caused specific damages: even when it’s apparent that the physician was negligent, you can sue them if you did not sustain any harm. You can sue for mental anguish, physical pain lost wages and earning capacity and additional medical bills.

Special requirements

Miami has special rules and procedures for these claims. They are as follows

  • Medical negligence cases should be reported soon after the injury – usually one year from the date of malpractice
  • Plaintiffs should submit the lawsuit to a malpractice review panel – for evidence review, expert testimony, the decision on whether there’s a malpractice case.
  • Special notice requirements – to inform the physician of the malpractice lawsuit
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