How to Prepare a Medical Malpractice
The state of Florida identifies medical malpractice as an improper treatment or reduced standard of care. Under these laws, the doctor identified in the claim must exhibit a level of treatment that wouldn’t have occurred with a doctor of the same skill set. This reduced level of care must produce an injury, medical error, or consequence that is irreversible or damaging detrimentally.
Identifying a Duty
The first step to preparing a medical malpractice claim is to identify a duty. Essentially, a duty indicates that a doctor-patient relationship existed. The doctor was responsible for managing the care of the patient. This duty is identified if the doctor was the patient’s primary-care physician. If the doctor is assigned to the emergency room, he or she established a duty by accepting the patient’s case.
Was There a Breach or Failure?
After establishing a doctor-patient relationship, the doctor is required to provide the same level of care they would to any other patient. If the care provided by the doctor was below this level of care, the patient could prove that a breach occurred. Under the law, a doctor cannot provide a reduced level of care, deviate from standard protocol, or fall short of the requirements of the established duty.
Establishing Causation of the Injury
Medical malpractice cases must possess a cause. The causation is identified as the misdiagnosis, failure, or inability to provide quality health care. The doctor’s action or inaction must contribute to the injury itself or cause the condition to become worse.
Identifying the Damages
The claim must include conclusive documentation of the injury. It must show how the doctor is at fault. For example, a medical malpractice occurs if the doctor misdiagnosis cancer at a treatable stage, and it is later found by another doctor at a later stage.
A medical malpractice case must include a duty to treat the patient. The doctor’s action must lead to a breach or failure, and the patient must sustain damages. The claim must prove how the doctor caused these injuries or damages. To start a medical malpractice claim, visit Northfloridaautoaccidentlawyer.com for further information now.
Get more information here!
