Can Doctors be sued for Medical Malpractice?
7 months ago Byram Charity Comments Off on Can Doctors be sued for Medical Malpractice?
Filing a medical malpractice claim is not a walk in the park. Malpractice lawsuits are time-consuming, very expensive. They are also capable of exposing you to public inspection and scrutiny. In comparison to other personal injury claims, case trends in medical malpractice are discouraging to most plaintiffs (medical malpractice victims). This is because doctors and other medical practitioners tend to be favored and not the injured plaintiff.
Settlement in these types of cases is difficult. This is because of the doctor’s ability to completely refuse to settle even if his insurance wants to pay. But this does not nullify the fact that malpractice cases are winnable. The Florida State law allows you to sue the medical professionals who injure you, provided you can provide adequate and reliable evidence to prove that you are entitled to compensation.
Medical malpractice lawsuits are complex and very tedious. You also have a very short period of time to present your case. It is important therefore that you consult a Miami medical negligence lawyer the soonest time possible to assist you in filing your case.
So, can you sue your doctor for malpractice? Here are a few factors to consider before making a decision.
Legal Threshold for Medical Malpractice Cases.
Before you think of suing a doctor for medical malpractice, you need to evaluate your case and determine whether it meets the legal threshold for a medical malpractice lawsuit. A plaintiff must clearly be able to answer these two questions clearly for their case to stand a chance to be heard.
- Was there a breach of the medical standard of care?
- Did this breach cause you (the plaintiff) to suffer damages?
When answering these questions, you need to be completely honest with yourself. With expert assistance, you are able to determine whether your case stands a chance or not. Yes, some cases can be dismissed when they don’t meet the legal threshold
Was your treatment really successful?
Medicine is itself an inexact science. Most people can file medical malpractice simply because they are unhappy or unsatisfied with the results after their treatment. Poor results do not equate to malpractice. This is because even the most common medical routine procedures may result in both foreseen and unforeseen complications
In simple terms, it is possible for doctors to follow medical standards and do everything right but still not obtain a good result. To know more about appropriate but unsuccessful medical care and medical malpractice, you can seek a second opinion from other doctors and lawyers who have dealt with the same exact issue
With the Florida Law out to ensure that the liable parties for medical malpractice are held responsible for their negligence and contribution to injuries and damages related to medical malpractice, it is not as easy as it sounds. There is no guarantee of success in such kinds of lawsuits. In fact, a plaintiff can be discouraged by the nature of these types of injury cases. They are time-consuming, expensive and emotionally draining.
Yes, doctors can be sued for medical malpractice, if you are able to sufficiently convince the court, in the shortest time provided that their (the doctor) contribution is worth noting and directly responsible to the sustained injury or damage.