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Elements of Medical Malpractice

Elements of Medical Malpractice in Fort Lauderdale

All of our lives, we believe in the medical professionals to look after our health issues. But a human error factor is always there. So, a mistake occurred in any medical diagnosis, management or treatment by a medical professional is called medical malpractice.

What Are the Elements of Proving a Medical Malpractice Claim Valid?

Irrespective of what is the reason of malpractice, In Fort Lauderdale a medical malpractice case can be claimed on the basis of these four basic elements of malpractice are:

  • The legal duty.
  • Negligence in duty
  • Connection between the Negligence and injury
  • Damage from the injury

The legal duty of the medical professional.

If the medical professional decides to look at the patient it’s clear that the expert owes a lawful responsibility to a patient. The doctor is legally bound once the patient consult’s the doctor.

It is the legal responsibility of the doctor to follow the standard of health care. Apparently, the medical professional is liable to treat the patient according to the medical standard on which a doctor/ medical staff is trained and the way a professional will treat this condition.

Negligence in duty

Once the legally responsible doctor treats the patient, the medical malpractice attorney will have to prove the procedure of how a doctor has breached the medical standard. This element of medical malpractice proves that how a doctor was not able to full fill his legal duty and medical standard of care.

In case of Medical malpractice, after the breaching the standard of health, the medical malpractice attorney determines how a medical professional fell short of legal standards and doctor committed negligence.

Connection between the Negligence and injury

Once the connection of the doctor’s duty and his carelessness while performing it is made, the patient has to make sure his attorney is clever enough to prove that the damage was caused by medical professional’s negligence. Usually, in this lawsuit, the connection that the patient worse condition was due to the doctor’s negligence is necessary. And the doctor needs to pay for the damage.

The injury is due to the treatment of the doctor.

Medical malpractice is a lawsuit of the law court. The patient who suffered the medical injury gets the monetary compensation for the damage. However, in these cases, it is necessary for the patient to prove the damages so that he could be entitled to the compensation amount. This is the fourth requirement of a valid medical malpractice claim.

What to do if you think you are suffering from medical malpractice?

If you have doubt that you were treated by the medical professional and suffered from injuries we can help you in knocking the doors of court for you in Fort Lauderdale. Our malpractice attorneys are highly experienced, we will evaluate your case and suggest you the ways of processing the case. Although, you have to file the case within the legal time period, so report to the law firm once you come to know about your injury.

 

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