Tips for preparing your Medical Malpractice Claim:
Anyone who has had the misfortune of becoming a victim of medical malpractice can tell you how much of a devastating effect it can have on those who have been afflicted. Here at Fernandez Law Group, we understand the impact these cases can have on victims and we work aggressively on your behalf as we pursue your claim.
A doctor-patient relationship was established
A physician-patient relationship with the doctor you are suing must be proven. Usually there is no question as to whether a relationship existed once doctors see and treat someone. This question typically only comes up if a physician did not treat you directory.
You can prove the doctor was negligent
Being unhappy with the results of a treatment or medical care are not grounds for medical malpractice. A doctor must be negligent by not being skillful or careful in your diagnosis or treatment. You will need to prove that the doctor caused you harm in a way that a competent doctor would not have, if under the same circumstances. Standards of treatment that are considered to be reasonably skillful or careful in any particular case may be presented and verified by a medical expert.
The doctor's negligence was responsible for causing the injury
Again, a medical expert may be necessary in order to testify that the doctor's negligence caused the injury. The reason is because many medical malpractice cases involve patients who were already injured or sick. As a result, the question often arises as to whether or not what the doctor did was negligent or not - and regardless, did it actually cause the harm? In these situations, you will have to prove that the doctor's incompetence was more likely than not, to have caused the injury.
Specific damages resulted from the injury
You can't sue for malpractice damages if you did not suffer any harm, even if it is obvious that the doctor performed below the expected standards set forth in his or her filed of work.
Types of injuries patients do sue for include:
- Physical pain
- Mental Anguish
- Additional medical bills
- Lost work / earning capacity
* If you feel you do not meet the requirements above, you should still consult with an attorney just to be sure.
Begin preparing as soon as possible.
The moment you first suspect or realize you have become a victim of medical malpractice, you should immediately contact a malpractice attorney. Here in Florida, the statute of limitations allow a victim only two (2) years to file their lawsuit. In addition, medical malpractice cases can be time consuming to pursue.
There will be a lot of information to gather and ample time will be needed to investigate. A skilled medical malpractice attorney will be able to navigate through your malpractice lawsuit, but be sure to start early so you don't jeopardize the time needed to put together a solid case.
Be aware of your time limits:
Often times you may not know you've been a victim of medical malpractice unless you've had a follow-up with another doctor and they have been critical of what the previous doctor did. This would also help strengthen any suspicions you may have had. And it could also become the event that triggers the need for a malpractice attorney. If so, it could very well be the beginning of the statute of limitations.
It is rare that another doctor would be willing to get involved in malpractice litigation, for many reasons.
Collect your medical records and documents
Regardless of how experienced your malpractice attorney is, it is very important that you provide all of your relevant medical records. This will help ensure the investigation goes smoothly and uncovers all of the important facts and details relating to your case. Although your attorney can request these records, you can save a great deal of time if you just get them together and in chronological order yourself. This will also enable your lawyer to begin moving right away with the investigation instead of being forced to wait until the records are provided.
Assemble a timeline and narrative
Your medical records alone will not be sufficient enough to paint a good picture of what happened in your situation. It is in your best interest to provide a timeline of events in narrative form, preferably typed up. You're going to want to put as much detail into explaining the sequence of events as possible, from beginning to the present. Also be sure to include any follow-up visits or appointments with doctors.
You're going to also want to take some time to go over the reasons why you feel you may have been a victim of medical malpractice.
Don't be afraid to ask questions
We try to make your experience as comfortable as possible. You should not be afraid to ask us any questions at any time. We are experienced with these types of claims and we work aggressively on your side while helping to direct you through everything that must be done.
At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to get you the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.
Call or Text us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez