How Can I Prove I Was a Victim of Medical Malpractice?

November 23, 2015 | Attorney, Matthew Dolman
How Can I Prove I Was a Victim of Medical Malpractice? We place a significant amount of trust in our doctors and other medical staff. These individuals spend years studying the human body and specializing in specific areas of medicine to help others by diagnosing illnesses and providing the medication, surgery, and other treatments necessary to help the sick and the injured make full recoveries. But doctors and other healthcare providers are only human. As humans, they are as prone to making mistakes as anybody else. But when a doctor or other healthcare provider makes a mistake, he or she could cause a victim to suffer a serious, sometimes life-altering, injury or worsened condition. This is known as medical malpractice. Victims who suffer from cases of medical malpractice often find themselves facing significant medical bills and other expenses. Fortunately, these victims have an option for seeking compensation. They can file and pursue medical malpractice claims to seek compensation for their financial needs following an act of physician negligence. If you have been injured in a case of medical malpractice, do not wait to contact an experienced medical malpractice attorney.

How Can a Victim Suffer from Medical Malpractice?

The term “medical malpractice”[1] refers broadly to any act of negligence[2] or recklessness committed by a doctor or other healthcare professional. Some examples of medical malpractice that can lead to injuries in patients include:
  • Failure to diagnose a patient's condition;
  • Failure to warn a patient of known risks or side effects associated with a treatment plan;
  • Prescribing too much, too little, or an incorrect dosage of medication;
  • Leaving surgical instruments inside a patient's body;
  • Failure to provide appropriate treatment for a patient's condition;
  • Misdiagnosis of a patient's condition;
  • Failure to follow up with a patient after his or her treatment.
In many cases, these kinds of injuries could have been prevented if the attending doctor or other professional responsible paid closer attention to the task at hand or referred to the patient's medical records more closely. Like other types of personal injury claim, the key to a successful medical malpractice claim is proving the following:
  • You are suffering from an injury;
  • That injury occurred because of another party's negligence;
  • You are facing significant damages.
Talk to your attorney about how you can best prove your claim based on your unique circumstances. Every case is unique, but with any case, more evidence is always better for the claimant. Keep the following in mind as you navigate the medical malpractice claim process:

You Have to Prove that a Patient/Physician Relationship Existed

This means that in addition to the conditions above, you need to prove that you were a patient of the individual who allegedly caused your injury. This can be determined through treatment record and confirmation with the hospital or clinic where you worked with him or her.

You Have to Provide Adequate Evidence for your Claim

This evidence can include any of the following:
  • Your medical record;
  • Record from another doctor who oversaw your recovery from the malpractice;
  • Photographs of your injury or condition;
  • Details of your condition's progress following the alleged malpractice incident;
  • Written and oral testimony from yourself and your loved ones attesting to the malpractice.
It can sometimes be difficult to obtain the documentation necessary to prove your medical malpractice claim. This is one of the ways working with an experienced attorney can significantly help your claim. Your attorney can work on your behalf to obtain the documents you need to prove that you have a valid claim and get the money you deserve.

St. Petersburg Medical Malpractice Attorneys

Working with an experienced medical malpractice attorney can make the claim process much easier for you. Your attorney can guide you through each step of the process, helping you locate the necessary pieces of evidence and negotiating with the other party on your behalf. For quality guidance for your medical malpractice claim, contact Dolman Law Group Accident Injury Lawyers, PA today to schedule your initial legal consultation with us. We can provide you with the compassionate legal guidance and representation you need as you pursue your medical malpractice claim. Do not wait to make the call – contact our firm today at (727) 472-3909. Dolman Law Group Accident Injury Lawyers, PA 1663 1st Ave S. St. Petersburg, FL 33712 (727) 472-3909 References: [1] https://www.abpla.org/what-is-malpractice [2] https://www.law.cornell.edu/wex/negligence

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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