Going to the doctor is a common occurrence in life. Most of the time, doctors will provide quality care. However, there are some cases where doctors and other healthcare professionals fail to abide by their duty of care to their patients. The occurrence of injury due to negligence or carelessness on the part of medical professionals is called medical malpractice. If you or a loved one have been subject to malpractice, you may be entitled to financial compensation.
A Victim of Medical Malpractice
It is not easy to demonstrate that you have been a victim of medical malpractice. The rules surrounding the issues can be complex and a lot of evidence needs to be gathered to build a compelling case. At Elstein Legal, we can help you navigate the legal landscape to ensure that you are compensated for any medical malpractice. We can protect your rights and ensure that you get a favorable legal outcome.
Medical Malpractice Legal Definition
According to the Florida Statutes Chapter 766, medical malpractice can be shown if the court can demonstrate that the medical professional caused some injury or death by failing to act in accordance with the prevailing professional standard of care by a reasonable prudent similar health care provider. If an injury can be shown to have been out of the necessarily foreseeable results of a surgical, medical, or diagnostic procedure, then there may be a claim of malpractice on your hands.
In order to prove medical malpractice, three things need to be confirmed:
- The professional owed to a duty of care
- The professional breached that duty of care by falling under the standards established by the medical community
- This breach of duty caused an injury or death
Proving Medical Malpractice
It is difficult to prove that a medical professional committed malpractice. According to the law, for any action for the recovery of damages due to injury or death, the burden of proof is on the claimant to prove that the medical professional acted negligently. Most medical procedures have inherent risks and it is very difficult to prove that a professional was acting negligently.
That is why getting the help of a West Palm Beach personal injury lawyer is so important. A competent lawyer can help you analyze the facts of your case to put together a compelling legal case. Examples of situations that could be considered malpractice include:
- Surgical errors
- Nursing errors
- Medication errors
- Inadequate testing
- Failing to perform common procedures
- Anesthesia errors
Why Choose Elstein Legal?
It is important to get the help of a medical malpractice lawyer quickly. The longer you wait, the harder it will be to put together a successful lawsuit. Proving medical malpractice requires a lot of time and effort. At Elstein Legal, we understand the complex laws surrounding medical malpractice and we work with a team of medical experts to evaluate your case. So if you or a loved one has been the victim of medical malpractice, call us at (205) 288-2835 or schedule a free case evaluation online.