How to Win a Medical Malpractice Claim

How to Win a Medical Malpractice Claim

When a patient is injured because they were not given proper treatment or care by their medical provider, then they may be able to file a medical malpractice claim. Medical malpractice claims are civil suits that can render financial compensation for losses that were suffered. 

Medical malpractice happens frequently. The National Practitioner Data Bank reported that there were 280,368 medical malpractice claims that were paid by physicians from 1992 to 2014. 

If you have been harmed by the misconduct or negligence of a medical professional in Florida, then you may be able to file a medical malpractice claim. Medical malpractice claims are some of the most challenging civil suits to win. However, when you have an experienced attorney helping you with your claim your chances of securing compensation improve. After a medical malpractice incident, speak with a Tampa medical malpractice attorney at Fulgencio Law.

Essential Elements of a Successful Medical Malpractice Claim

How to Win a Medical Malpractice ClaimIf you take the time to file a claim then you want to ensure you have everything necessary to prove your damages so you can win and secure compensation for them. Since as high as 8/10 medical malpractice suits that go to trial conclude in favor of the physician, having a solid case is essential. For a medical malpractice claim to have a chance at being successful, it must have all of the following five elements:

  1. A doctor-patient relationship must exist. Whether you were injured by a doctor that you have never seen before or one that you have a long history with, there will be documentation of the agreement you had with the provider for the treatment that was administered. This documentation will show the relationship you had with your doctor.
  2. A standard of care was established. The paperwork will also illustrate the legal obligation your provider had to you to treat you with a specific standard of care.
  3. The standard of care was violated. The medical professional must treat you with the standard of care that any other medical professional would treat any other patient in the same situation. Failure to do so breaches their duty to you.
  4. The injuries you suffered were the direct result of the breach of care you were owed by your medical provider.
  5. The injury you suffered as a result of the breach of duty of care led to damages. Damages could the be immense pain and suffering you experienced or the costs related to your treatment that was necessary to help you recover from your medical malpractice injuries.

It is not uncommon for victims of medical malpractice to be unaware of their rights and ability to file a claim for compensation. It is imperative that if you suspect you suffered harm due to medical negligence you not wait to get in touch with an attorney to have your case reviewed.

Speak to an Attorney at Fulgencio Law Today

After a medical malpractice event, you are welcome to schedule a free consultation where you can come in to speak with a medical malpractice attorney at Fulgencio Law. Call today at (813) 463-0123.

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