Medical Malpractice

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Legal Help for Medical Malpractice Cases

Proving Your Medical Malpractice Case

So many of us trust doctors and healthcare providers to treat what ails us, and we normally should. But not all healthcare providers are competent, and sometimes they make avoidable mistakes. You might not have a medical degree, but you can usually trust your own intuition when it feels like something is wrong after a treatment or procedure. If you have concerns that your healthcare provider was negligent when treating you, you have the option of filing a medical malpractice suit. Proving medical malpractice is complicated, but it doesn’t have to be difficult if you have the help of the right attorney.

The Basic Elements of a Medical Malpractice Case

To prove medical malpractice or medical negligence under Florida law, you need to prove the following:

  • A healthcare provider owed you a duty of care
  • The healthcare provider breached the prevailing professional standard of care when treating you
  • The healthcare provider’s breach of the professional standard of care caused you harm and
  • You incurred damages because of the healthcare provider’s action (or inaction)
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Doctor consulting with patient presenting results on x-ray film About the problem of the patient

Proving that your healthcare provider owed you a duty of care is normally the easiest part.

If you’ve hired a healthcare provider or been taken to an emergency facility for treatment, the providers who tend to you normally owe you a duty of care. Unfortunately, you need to jump through multiple hoops to prove the remaining elements of a medical malpractice case.

Finding the Right Medical Expert Witnesses to Prove Your Case

In almost any medical malpractice case, you need the testimony of a medical expert to prove that your healthcare provider breached their duty when caring for you. In general, these expert witnesses must fulfill certain requirements, including:

  • Having active and valid licenses as healthcare providers
  • Performing complete reviews of the relevant medical records and
  • Not having any perjury or fraud convictions

In many cases

An expert witness must also have several years of experience practicing, teaching, or conducting research in their specific healthcare field. Finding the right expert witness on your own is a hard feat, but a medical malpractice or misdiagnosis lawyer knows who to hire to prove your case.

Typical Evidence for Proving Medical Malpractice and Your Damages

The evidence you need to prove a medical malpractice case can vary depending on your specific circumstances. However, many injured patients need the following kinds of evidence:

  • Medical records from before, during, and after the negligent medical treatment
  • Bills showing medical and related expenses
  • Expert testimony from healthcare professionals
  • Employment records
  • Financial records and
  • Testimony from the patient and those they know about how they have been affected by the defendant’s medical negligence

This kind of evidence is not only important

For proving your healthcare provider’s negligence, but also for proving the amount of your damages for present and future economic losses and pain and suffering.

Pre-Lawsuit Requirements

Before you can file a medical malpractice lawsuit in Florida, an attorney has to perform a reasonable investigation of your case. The attorney then has to certify that they have a good faith belief that you have a case against each defendant you name. If the investigation shows that you have a case, you need to send a notice of your intention to file a suit to each potential defendant. This notice typically must include:

  • A list of all healthcare providers who treated you for the malpractice injury
  • A list of all healthcare providers who treated or evaluated you during the two years before your malpractice injury and
  • All medical records used by your medical expert

The defendants have 90 days after the mailing of the notice to reject your claim, offer you a settlement, or propose arbitration to determine the amount of your damages.

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Filing a Medical Malpractice Lawsuit

If the defendants reject your claim, or if you reject a settlement or arbitration offer, you have either 60 days or until the end of the statute of limitations to file a lawsuit. You normally have two years from the date of injury to file a medical malpractice lawsuit. The deadlines for these cases can come at you quickly, but medical malpractice attorneys in Miami, Florida, can meet these deadlines while you recover from the harm you’ve suffered.

Filing a Medical Malpractice Lawsuit

If the defendants reject your claim, or if you reject a settlement or arbitration offer, you have either 60 days or until the end of the statute of limitations to file a lawsuit. You normally have two years from the date of injury to file a medical malpractice lawsuit. The deadlines for these cases can come at you quickly, but medical malpractice attorneys in Miami, Florida, can meet these deadlines while you recover from the harm you’ve suffered.

Speak to an Attorney Immediately About Your Healthcare Complications

You need to speak to an attorney the moment you suspect that something has gone wrong with a healthcare treatment. You have a right to legal recourse against negligent providers, and you don’t want to lose that right because of complicated evidentiary rules or harsh deadlines. At Lady Law Group, we work with a great outside team of the best medical malpractice lawyers in South Florida. At our women-run firm, you speak to a licensed attorney the first time you call. We also give you the legal expertise and personal attention you need after suffering catastrophic injury. Contact us today to find an attorney who can properly champion your rights.