How hard is it to prove medical malpractice in Daytona Beach?
Daytona Beach, Fl – If you or someone you loved were injured by the negligence of a medical professional, you may be wondering what to do. How can you accuse a doctor of doing something wrong when you don’t know the first thing about medicine? Who’s going to believe you? Can you sue a hospital in Florida? Proving a case of medical malpractice is indeed very hard. Fortunately, you won’t have to fight alone against them. In such a case, you must talk to a seasoned personal injury lawyer in Daytona Beach. Suing for medical malpractice is completely different than filing a claim after, say, a car accident.
How can you prove a case of medical malpractice in Florida?
Here’s what you must do to show that you were the victim of a medical error:
Gather documents
When you contact personal injury lawyers, they typically start by listening to your story. Then, they’ll want to see what documents you have to support your claim. It’s not that they don’t believe you, they do, but they need to know if you have a strong legal case. In such a case you can use:
- Medical records – if you don’t have the whole medical file, they’ll help you get it.
- Medical bills
- Copies of any written communications with the medical professional you’re accusing of malpractice
- Your personal notes or diary entries referring to the medical care you’ve received
- Prescriptions and treatment recommendations
- Records documenting your visits to other doctors while in the care of the one you’re accusing of malpractice
See an expert
What distinguishes a medical malpractice claim from other types of personal injury claims is that you must seek an expert opinion on your case. This is meant to reduce the number of superfluous claims. If you want to sue a doctor or a hospital, you must first seek the opinion of another doctor. And it cannot be just a random doctor. Your Florida personal injury lawyers will refer you to a doctor working in the same field as the one you’re planning to sue. Only an expert with the same qualifications and level of experience can say if the care you received was substandard. This expert will sign an affidavit saying that in their opinion your claim is valid. Once you get the affidavit you can file a notice to sue, letting the doctor or the hospital know that you’re taking them to court.
Prove you were injured through a medical error
This is the most sensitive part. If you went to see a doctor, you were obviously sick. Your lawyers will have to prove that the injuries you suffered were caused by the medical professional’s actions or negligence, and not by the health condition itself. Some cases are easier to prove than others. In a blatant case, like a surgeon operating on the wrong leg, there’s not much to prove. However, in a case of misdiagnosis or wrong treatment, things can be trickier. Your lawyers may need to talk to various other doctors to build a strong case. They’ll also have to think ahead and prepare counterarguments for any defense the other side may use.
If you were recently injured through medical malpractice in the Daytona Beach area, schedule a free consultation with a trustworthy personal injury lawyer at the Pappas & Russell law firm.
Contact info
Phone: (386) 254-2941
213 Silver Beach Avenue
Daytona Beach, Florida 32118
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