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What is Medical Malpractice?

Posted by: Jimmy De La Espriella
Category: Personal Injury Blogs

Medical malpractice is negligence by a doctor during a medical procedure that clearly violates their duty to uphold proper safety for you. As a direct result of this, the patient (you) gets harmed. Although the details can get complicated and muddy, there are a few guidelines that you can look at to see if you were a victim of medical malpractice.

4 Things to Note for Medical Malpractice in Miami

There must be 4 “prerequisites” for medical malpractice to even be considered. 

There was a doctor-patient relationship

For there to be medical malpractice in Miami, there has to have been a doctor-patient relationship. Basically, you have to have hired the doctor to treat you. The doctor must also have agreed to treat you and help you. This is very easy to prove since your visits will be in the medical records and database. What isn’t possible to prove is if you saw the doctor outside of the office and they gave you some advice. So if it was just a casual talk with someone, but it was not legally binded by a contract, then there is no way to to prove medical malpractice.

The doctor must have been negligent in your treatment

There must have been clear negligence by the doctor in treating you. This means that a competent doctor would not have messed up like yours did. Just because you are unhappy with your treatment doesn’t mean that the doctor was necessarily negligent. By law, a doctor’s skill is not required to be “the best”, but their treatment should be “reasonably skilled and careful”. So how does one prove this? This is actually a little difficult and can get complicated. The best way is to compare the treatment of the doctor that treated you to another third-party medical expert. 

The doctor’s negligence caused your injuries

There must be convincing evidence that the way the doctor treated your injuries is that caused further injury or death, not the actual injury itself.

For example, if you got in a car accident in Miami and the injury was extremely severe and you were sent to the ER…

But your injuries get worse even after treatment…

Then it would be hard to prove that it was the severity of the injury or the negligence of the doctor that caused that. 

The negligence led to damages

You cannot sue a doctor for medical malpractice if there was no damage done to your body. If you came out of the treatment with no further damage than what you had before, then there is no point in suing since nothing was damaged. Some things that are commonly sued for losses in a medical malpractice case are:

  • Pain (physical or mental)
  • Lost future income
  • (unnecessary) and additional medical bills
  • Incapacity to work, as a result losing ability to earn money

Contacting a Personal Injury Lawyer from Accident Lawyers MIA

Medical malpractice is possibly the most complicated of all personal injury cases. 

Many lawyers will not take your case because of how complicated it can be. 

Our lawyers will hear you out and do our best to make sure that you can get the financial compensation from medical malpractice.

If the malpractice is bad enough, it can make your injuries even worse. 

Getting bombarded by calls from lawyers, adjusters, and medical providers will possibly make your injuries worse with the added stress. 

Let our team guide you and handle the stress.

We start with free consultation to hear your side of the story and get a full rundown. From there, we will determine how to help you and start gathering evidence and photos. 

Remember, we don’t win unless YOU win.

Author: Jimmy De La Espriella