Visiting a doctor, dentist, or any other medical professional should be a comfortable experience. After all, state and professional boards closely regulate the actions of their providers, and strict licensing tests should ensure competence when dealing with patients. Sadly, this is not enough to prevent injuries from occurring.
Not every negative outcome after visiting a medical provider amounts to medical malpractice. Instead, state law provides a strict test for determining when a poor outcome justifies a lawsuit. Consulting with a Clermont medical malpractice lawyer could help you to determine if your experiences fall into this category. If so, our skilled injury attorneys could take the lead in gathering information about the incident, hiring the necessary experts, and demanding that negligent medical providers pay fair compensation.
What Defines Medical Malpractice?
Medical providers all have a duty under state law to provide competent care to their patients. But what exactly does this mean?
Florida Statute § 766.102 sets the standard of care for medical providers as being treatment that is acceptable and appropriate in the medical community given the circumstances of their interactions with the patient. As a result, a poor outcome is not necessarily an example of malpractice if the doctor took the necessary steps to help the patient. A skilled attorney in Clermont could help assist clients to better understand the concept of carelessness in the medical field.
Hiring a Qualified Medical Expert
There is only one way to prove that medical malpractice occurred in most lawsuits. Every plaintiff’s case must rely on the opinion and reports of a qualified medical expert. These are witnesses who review the records from treatment, evaluate the actions of defendant providers, and state their opinion as to why this care amounted to medical malpractice.
State law also dictates which people may serve as experts in medical negligence cases. Under FL Stat. § 766.102(5), this expert must:
- Be a specialist in the same branch of medicine as the defendant
- Have spent at least the past three years practicing or teaching in the same specialty
Locating and hiring medical witnesses is another way in which a malpractice attorney could help injured patients in Clermont file their claim.
Pursuing Medical Malpractice Cases for their Full Value
Anyone who has suffered injuries because of the mistakes of others deserves to be compensated, and the victims of medical malpractice are no exception. A medical professional’s error may necessitate the need for additional healthcare from a competent provider. A negligent doctor must cover the costs of this care.
Additionally, if the injury forces a person to miss work or results in a disability that permanently limits their earning capacity, defendants must provide reimbursement for all lost wages.
Finally, instances of medical malpractice can also cause emotional trauma and leave a person with mental scarring or a hesitancy to seek out treatment in the future. While difficult to measure, an experienced Clermont lawyer Clermont medical malpractice lawyer aims to place a proper dollar value on medical negligence.
Contact a Clermont Medical Malpractice Attorney Today to Discuss Your Case
Experiencing medical malpractice that results in a new injury or condition can be a disheartening experience. Although medical providers have an obligation under state law to provide competent care to their patients, careless errors that result from a failure to meet this standard are common. If this has happened to you, you may be able to pursue a case for significant compensation.
A Clermont medical malpractice lawyer could fight by your side to pursue these payments. They can explain the concept of medical malpractice under the law and hire a qualified expert to prove your case in court. They could also work to measure your losses and demand fair compensation from negligent doctors, dentists, and other medical providers. Call today to get started.
