If you have ever found yourself in a position where you have a medical malpractice claim, you know how unsettling it can be. There are many different types of medical related malpractice, and it can be one of the most devastating things that that could happen to you or a loved one.
When a situation comes up where you or a family member has been on the wrong end of a medical malpractice case, you are going to want to know what you need to do to resolve this issue. Going to court is the logical answer, so it is crucial that you know the four elements in any medical malpractice case and to have a Fort Lauderdale medical malpractice lawyer who knows what they are doing.
The Four Elements
Duty is the first element, and the foundation of every case. When you are in a situation where you have a physician, there is a nonverbal agreement that they are going to provide you with great treatment, at least to the best of their abilities.
Breach, which is the second element, is when the Dr. breaks their standard of care. An example of this type of situation would be misdiagnoses. Keep in mind that when a misdiagnosis occurs, that does not automatically mean you have a medical malpractice case on your hands. In order for the case to be present, all four of these elements need to have occurred at once.
Causation is the element that shows that they not only made the mistake, but failed to do anything about it until it was too late. The fourth element is the final piece, and it ties into these three elements to make your case complete. If you go through this process of elements and realize that this is something that happened to you, calling a Fort Lauderdale medical malpractice attorney is something that should be on your mind.
Damage is the final element, and it occurs when you can prove that the causation ended up with you having physical or emotional damages. You need to be able to have evidence in a physical form showing that what they did caused something wrong in the form of damages. Without the evidence that their misdiagnosis or medical mistake caused you harm it can be a real challenge to win a case.
Why You Should Consider Getting an Attorney
If the time comes in your life where you had a medical mistake happen to you and you can prove these four elements, it is time for you to get a lawyer. It is not advisable that you try to handle this situation yourself. Having a professional on your side will help make your case more organized and accurate so that you can get what you deserve.
Medical mistakes are terrible and many are avoidable. We do not live in a perfect world, so there might be a time where this happens to you and you need to get an attorney. If you are able to identify the four elements of your medical malpractice and have a good medical malpractice lawyer on your side, you should go to court and get what you deserve for your damages.
When a situation comes up where you or a family member has been on the wrong end of a medical malpractice case, you are going to want to know what you need to do to resolve this issue. Going to court is the logical answer, so it is crucial that you know the four elements in any medical malpractice case and to have a Fort Lauderdale medical malpractice lawyer who knows what they are doing.
The Four Elements
Duty is the first element, and the foundation of every case. When you are in a situation where you have a physician, there is a nonverbal agreement that they are going to provide you with great treatment, at least to the best of their abilities.
Breach, which is the second element, is when the Dr. breaks their standard of care. An example of this type of situation would be misdiagnoses. Keep in mind that when a misdiagnosis occurs, that does not automatically mean you have a medical malpractice case on your hands. In order for the case to be present, all four of these elements need to have occurred at once.
Causation is the element that shows that they not only made the mistake, but failed to do anything about it until it was too late. The fourth element is the final piece, and it ties into these three elements to make your case complete. If you go through this process of elements and realize that this is something that happened to you, calling a Fort Lauderdale medical malpractice attorney is something that should be on your mind.
Damage is the final element, and it occurs when you can prove that the causation ended up with you having physical or emotional damages. You need to be able to have evidence in a physical form showing that what they did caused something wrong in the form of damages. Without the evidence that their misdiagnosis or medical mistake caused you harm it can be a real challenge to win a case.
Why You Should Consider Getting an Attorney
If the time comes in your life where you had a medical mistake happen to you and you can prove these four elements, it is time for you to get a lawyer. It is not advisable that you try to handle this situation yourself. Having a professional on your side will help make your case more organized and accurate so that you can get what you deserve.
Medical mistakes are terrible and many are avoidable. We do not live in a perfect world, so there might be a time where this happens to you and you need to get an attorney. If you are able to identify the four elements of your medical malpractice and have a good medical malpractice lawyer on your side, you should go to court and get what you deserve for your damages.
About the Author:
Lisa Levine is a dedicated medical negligence attorney in Fort Lauderdale. She handles personal injury cases in Broward County and throughout Florida.
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