Filing a Claim for Medical Malpractice with a Personal Injury Lawyer in Live Oak, FL

by | Dec 18, 2018 | Personal Injury Lawyer

In Florida, medical malpractice is based on a failure to provide high-quality health care to patients. A doctor that doesn’t provide the same standard of care to all their patients could be liable for a medical malpractice. A personal injury lawyer in Live Oak, FL represents patients who sustained injuries due to the failures.

The Injury Caused by the Doctor

The patient’s medical records must identify the exact injury that occurred and explain how it happened. In medical malpractice cases, a physician or surgeon with the same credentials as the defendant testifies after assessing the medical records. The purpose is to determine if the injury is included in known risks disclosed to the patient or if the injury could’ve been avoided entirely.

What Is an Act of Malice?

An act of malice in terms of a medical malpractice is where a doctor injures or harms a patient deliberately. The circumstances could involve a prejudice against the patient according to their race, gender, religion, sexual orientation, or political affiliation. The prejudice, opinion or personal belief could be based on any factor that is connected to the patient directly. An act of malice is also possible if the doctor had a previous romantic relationship with the patient. Alcoholism or addiction to a controlled substance could also bring about an act of malice.

Proving the Patient-Doctor Relationship

In the patient files, the court can establish a patient-doctor relationship. The doctor doesn’t have to be the patient’s primary-care physician. The relationship is established as soon as the doctor chooses to provide any type of health care to the patient. The records or chart created for the patient identifies all doctors that provided any type of treatment.

What Can Claimants Expect?

If the claimant wins their case, they could receive compensation for all financial losses, pain and suffering, and punitive damages. The punitive damages are awarded as a form of punishment for unethical doctors.

In Florida, medical malpractices are the outcome of a low standard of care offered by doctors. These incidents lead to injuries while the patient is treated or during a surgical procedure. Patients who need assistance should contact a personal injury lawyer in Live Oak, FL or visit Northfloridaautoaccidentlawyer.com right now.

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