3 Basics of Medical Malpractice
Across the state of Florida, there seems to be a blatant increase in the number of personal injury cases being filed amongst victims. And while personal injury covers quite a broad spectrum of law, a fairly high number of such cases include medical malpractice – easily one of the most dangerous types of personal injury claims, as often, such cases can have a tremendous effect on an individual’s health and safety. As the best personal injury lawyer San Antonio has to offer, Mr. Charles Spinner, of Spinner Law Firm, has helped quite a few medical malpractice victims to obtain the justice they deserve, no matter how big or small the stakes have been. The major issue with medical malpractice claims is that while they cover quite a wide spectrum of different types of cases or claims, as well as their increased popularity over the last few years, many individuals are still fairly unaware as to what medical malpractice can entail. According to the best personal injury lawyer San Antonio has to offer, Mr. Charles Spinner, medical malpractice occurs when a patient is harmed in some way, by a doctor or another medical professional, who might have failed to competently perform his or her medical duties in a responsible manner. While there are certainly some differences across every state’s jurisdiction, the main points that create a medical malpractice case remain relatively similar.
When it comes to a medical malpractice claim, the victim and their legal team must prove certain aspects in order for the claim to even qualify. In fact, according to Mr. Spinner, the best personal injury lawyer San Antonio has practicing, the plaintiff’s side must be able to prove all of the following items:
· The Existence of a Doctor-Patient Relationship
What this means is that you must show that you were in fact a patient of the medical professional or doctor, whom you are bringing a lawsuit upon. This means you hired the doctor and the doctor agreed to be hired. For example, you can’t sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
· The Doctor Acted Negligently
While there are a million reasons why you might not be happy with the treatment you received from a doctor, they don’t automatically mean that you have the right to file a lawsuit against them. In order for a victim to bring about a medical malpractice claim against a medical professional, you must have evidence that the doctor acted in some type of a negligent manner during the course of either diagnosing or treating you. You must be able to show that the doctor not only caused you some type of harm, in a way that any competent doctor would not have – under similar circumstances. Doctor’s are required to provide you with care that can be considered as “reasonably skilled and careful” – this might not be the best treatment, but it has to be judged as reasonable by other medical professionals, who you must have almost as if they were to be “expert witnesses.”
· The Negligence Caused Your Injuries
The important thing about a medical malpractice claims is that the victim must have been injured or sick – all too often, victims will pretend that an existing sickness or injury was caused by the defendant – this is why there must be a burden of proof placed on the injured party to make sure it actually was their fault. The victim and their legal team must be able to prove beyond a reasonable doubt that the doctor’s negligent actions are what led to their injuries and/or sickness.
For more information on medical malpractice claims and other personal injury issues, be sure to contact Spinner Law Firm today.
