Medical Malpractice Suits: What Proof is Needed?
At the Law Offices of Needle & Ellenberg, P.A., a medical malpractice lawyer Orlando FL offers can address your questions about pursuing a lawsuit. Though the legal process is quite involved, our attorneys have represented many victims and families of victims of medical malpractice.
An Orlando medical malpractice lawyer from Needle & Ellenberg, P.A. can review your case at no cost and offer an informed opinion. If your medical malpractice case appears to have merit, you may have a clearer picture of your legal options. Depending on the severity of your injury, or if a wrongful death claim is warranted, a medical malpractice suit can be complex. This is why it’s important to choose an attorney who is experienced in this area of personal injury litigation.
Proving Your Case
When victims of medical malpractice approach a medical malpractice lawyer in Orlando FL, very often their first question is, “Do I have a case?” During a consultation with one of our attorneys at Needle & Ellenberg, P.A., the details of your situation may be reviewed. For a medical malpractice suit to move forward, several criteria must be met, including:
- You had an established relationship with a medical practitioner
- Your medical practitioner acted negligently in treating you and failed to meet a reasonable standard of care
- As a result, you were harmed
The Doctor-Patient Relationship
First it must be proved that the medical practitioner who harmed you was in fact your doctor. As a medical malpractice lawyer Orlando FL victims recommend may tell you, proving this requires a logical progression of facts. To prove that the medical practitioner treated you, your attorney may decide to submit any or all of the following:
- Your medical records which indicate the physician or other caregiver treated you.
- Receipts paid or bills that reference the treatment the practitioner gave you and which harmed you.
Proof of Negligence and Standard of Medical Care
After you hire a medical malpractice lawyer Orlando FL residents often call first, he or she will have to prove your practitioner did not meet the standard of medical care. Whether the practitioner is a doctor, nurse, or another type of medical provider, they are expected to act with a certain level of skill and care in treating you. Establishing this is crucial to proving they were negligent and therefore liable for your damages.
- Your attorney may call on expert witnesses to establish what the reasonable level of care should have been in your situation.
- Published medical care guidelines may be introduced to establish industry guidelines and expectations.
- Comparisons may be made between how you should have been medically treated versus how you were actually treated.
How Their Negligence Caused Your Injury
Accidents are to be expected — even in the medical world — but excessive negligence can cause a great deal of harm. A successful claim would prove that the practitioner’s negligence directly caused your injuries.
- Medical experts could testify on your behalf that the practitioner’s negligence directly caused your injury.
- Your previous and current medical records may show that the injury is a new one, or else is a pre-existing condition that was aggravated due to the practitioner’s negligent care.
Proof of Damages
Once the above facts are established, a medical malpractice lawyer Orlando FL community members trust will prove their client’s damages. Your damages are any material or non-material costs associated with your medical malpractice injury. They might include any or all of the following:
- Medical treatment
- Salary, hourly wages, benefits, or bonuses you lost because you couldn’t work
- Physical rehabilitation
- Pain and suffering
If you believe you may need a medical malpractice lawyer Orlando FL provides, contact us today at the Law Offices of Needle & Ellenberg, P.A. for a no-cost case review.