Friday, August 14, 2015

Vital Information About Medical Mistake Claim Elements And Fort Lauderdale Malpractice Attorneys

Vital Information About Medical Mistake Claim Elements And Fort Lauderdale Malpractice Attorneys

By Barry Kerin


If you have ever found yourself in a position where you have a medical malpractice claim, you know how unsettling it can be. There are many different types of medical related malpractice, and it can be one of the most devastating things that that could happen to you or a loved one.

If you find yourself in a position that puts you in the shoes of a medical malpractice patient, the first thing you should do is identify the four elements that apply to any medical malpractice case. Once you have done that, it is time to look for a Fort Lauderdale medical malpractice lawyer that can help you get what is rightfully yours due to your injuries.

Duty, Breach, Causation, Damage

First, know that the relationship between you and your doctor is the first element in any malpractice case. The element is called duty, and it establishes that you had a relationship with a doctor and they vowed to provide the best medical care possible. When a mistake occurs, being able to document that will be the evidence for the second element.

Breach, which is the second element, is when the Dr. breaks their standard of care. An example of this type of situation would be misdiagnoses. Keep in mind that when a misdiagnosis occurs, that does not automatically mean you have a medical malpractice case on your hands. In order for the case to be present, all four of these elements need to have occurred at once.

Causation is the third element, and this is essentially you proving that there was some sort of malpractice. Being able to prove that the doctors did something that they should not have can be fairly difficult without the fourth element. However, if you know that there is something that would be considered a malpractice, it might be time for you to start looking for a Fort Lauderdale medical malpractice lawyer to help you with the last element.

The last, and worse part of any medical malpractice, is the element of damages. You have to be able to prove that not only did the doctors do something wrong, but that you suffered injuries due to their carelessness. The best thing you can do at this point is keep all documentation that shows that they had to do extra procedures to fix their previous mistake.

Why You Should Consider Getting an Attorney

If the time comes in your life where you had a medical mistake happen to you and you can prove these four elements, it is time for you to get a lawyer. It is not advisable that you try to handle this situation yourself. Having a professional on your side will help make your case more organized and accurate so that you can get what you deserve.

Medical mistakes are terrible and many are avoidable. We do not live in a perfect world, so there might be a time where this happens to you and you need to get an attorney. If you are able to identify the four elements of your medical malpractice and have a good medical malpractice lawyer on your side, you should go to court and get what you deserve for your damages.




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