Winning a medical malpractice lawsuit against an experienced, wealthy, and well-connected physician can seem like an insurmountable task. However, with professional legal counsel and proper preparation, it’s more likely than you might think.
Doctor-Patient Relationship Establishment
While it might seem obvious, the first thing you’ll need to do is prove that there was a relationship between you and your physician. In terms of doctor-patient relationships, all this means is that you will need documentation on hospital or medical center letterhead proving that you were indeed a patient of this practitioner.
Documentation of Negligence
Next, your medical provider’s negligence must be provable. Negligence is the most important factor in any wrongful death, personal injury, or medical malpractice case. By proving that your trust was given to this provider and they knowingly acted in a way contrary to your best interests, you will be able to show that negligence was indeed present.
Causation of Damages
In addition to proving negligence, you will also need to prove that this negligence is the direct cause of the victim’s injury, ailment, or death. If you are the victim, it is always best to have medical documentation from another provider or photographic evidence that was taken during the recovery process. If your family member or other loved one was the victim, be sure to gather as much documentation on their behalf as possible.
Proof and Quantification of Damages
Last, you will need your medical malpractice lawyer to offer a quantified amount of damages caused by your doctor’s negligence. This amount will help determine how much compensation you are entitled to. This amount may include:
- Funeral and final expenses for a wrongful death.
- Medical costs and costs for ongoing care in the case of an injury or ailment.
- Lost wages caused by missing work due to the injury, illness or death caused by the event.
- Compensation deserved for the emotional impact caused by the event.
Once your Fort Lauderdale area medical malpractice lawyer is able to prove all of this to the presiding judge, you’ll have the basis for a strong and arguable case. So, don’t delay. Gather up any information you already have – consult your legal professional on what else you might need -and begin the process of recovering the costs of your medical malpractice case.
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