Establishing A Medical Malpractice Case

Most people seeking the assistance of a medical professional expect to feel better, not worse, afterward. Medical malpractice is when a doctor, nurse, specialist, pharmacist, hospital or other medical professional causes injury to a patient due to their negligence. Medical negligence is the third leading cause of death in the United States. If you were injured for any reason due to the negligence of a medical health professional, you may have the right to receive compensation for your medical bills, lost wages, and even pain and suffering. Understanding how to establish a medical malpractice claim can help you determine if you may have the legal right to file a lawsuit.

How to Establish a Medical Malpractice Case

Medical malpractice cases can be extraordinarily complex and legally challenging. In order to establish a case for medical malpractice, you will need to prove the following four elements:

Duty of Care. If you are under the care of a medical professional, they have a special responsibility to provide you, as a patient, with reasonable and appropriate medical care that is determined by the medical community. This standard of care is generally regarded as what another doctor, nurse or specialist would have done in the same or similar circumstances.

Medical negligence is not simply being unhappy with the outcome of a treatment or procedure. Medical negligence is when a medical professional breaches their duty of care towards a patient by failing to treat a patient according to established medical standards.

You must prove that the doctor or medical professional directly caused your injuries as a result of his/her medical negligence.

For medical malpractice, a patient must have suffered actual physical, emotional, or financial damages, or all three.

Common Examples of Medical Malpractice

Although every medical malpractice case is different, the most common lawsuits regarding medical malpractice cases include the following:

Misdiagnosis of a condition
Failure to diagnose a condition
Ignoring or misinterpreting laboratory or medical testing results
Unnecessary surgery or incorrect surgery on the wrong body part
Surgical errors, such as leaving a tool or sponge inside the patient’s body
Improper medication dosage or incorrect medication is given to the patient
Incorrect or substandard aftercare or follow-up care of a patient
Premature discharge from a hospital
Failure to identify or note the patient’s history of allergic reactions
Failure to order proper imaging or laboratory tests
Failure to recognize medical signs and/or symptoms leading to misdiagnosis or failure to treat

Let Us Help You Today

If you or someone you love was injured as a patient due to the negligence of a medical practitioner, you may have the right to receive compensation for your injuries. However, attempting to establish a medical malpractice claim can be complex and legally challenging. Medical expert testimony is typically necessary as well as an independent investigation. Contact an experienced medical malpractice and personal injury attorney at Roman & Roman today at 877-767-1032 or contact us online for a free consultation. We have offices in Clearwater, Hudson, and Tampa.

Resource:

ncbi.nlm.nih.gov/pubmed/31535832

By Roman & Roman | Posted on March 12, 2020

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I cant express my thanks enough to Paula for all the help she gave me while i was going thru a injury claim. She was very understanding when i first met with her, she explained the process of how the claim would go and that it could take some time to get thru...

In the last week I was referred by a friend to Roman & Roman after two firms wouldn't take my case. I was in a bad auto accident my first week back to work from maternity leave. I couldn't be more stressed out. Mike Lentini and his assistant, Darlene, worked on my personal injury claim. I couldn't be happier with the service they provided or the outcome of my case. What a relief!

My auto accident was handled awesomely, had received great advice from Paula Roman, everything situation was handled with ease from repair of auto, surgery, and the settlement. Will definitely use them again if need should arise.

Paula has been a very knowledgeable and trustworthy individual, who handle my accident case and a very professional and courteous manner. She is very detailed and keep you informed all the way to the end. She offers you the best advice in cases of a delimma, and helps you make the best choice. She is very polite and pleasant to work with...

Thank You Roman & Roman for all of your help with our case. Paula you were so wonderful taking care of this complicated case. We Thank You for all of your hard work. If we ever need you again, we will call you first. Choose Roman & Roman, you won't regret it.

I had a wonderful experience with Roman & Roman. Paula Roman was amazing! She was very kind and on point! She worked very diligently on my case. Anytime I would have a question she would respond very quickly, and if she didn't her paralegal did. I was very happy with the outcome of my case. I would highly recommend Roman & Roman to anyone who has been in a car accident, and I will be back in the future if I ever need a lawyer again. 10 Stars all around :)

I had a fantastic experience with Roman and Roman as my attorney for my car accident case. They came to me referred by my parents. The morning after my accident I was in Paula's office getting the ball rolling. Paula Roman and her assistant Crystal were there for me every step of the way, explaining what the next step in the process was, answering my emails promptly and answering any questions I had. If I ever get into an accident again (I hope not!) I know who's office I'll be going to.

My roommate Karissa and I contacted Roman & Roman after we were in a car wreck. Mike Lentini was amazing and so was Darlene. The case went so quick and we were amazed at how quickly everything seemed to turn out. Even with the bumps in the road, they were awesome and amazing to work with. I am so glad that we contacted them...

Paula Roman did a great job helping my daughter win a settlement from a car accident. She always was available when I needed her and worked hard to get the best results. I highly recommend her.

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I had the unfortunate luck of being the victim in a car accident. When I reached out to Roman and Roman for help, their attorneys immediately did so by finding me a doctor who treated me for my injuries. They also helped me with the property damage and depreciation value of my car. I was very pleased with the outcome of my personal injury claim and highly recommend their firm.

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Hard-working, dependable attorney. Mike was referred by a friend who knew him in law school. My automobile accident was a very difficult one because it included injuries to both my 92 year old mom and me. Mike had the patience, diligence and determination to see the case to fruition. He was able to explain the situation clearly, in layman terms, so I could make sound decisions. I wholeheartedly recommend him as an honest, sincere attorney.

Great Lawyer, Highly Recommend. I've used Mike on several occasions, and have always had the same exceptional service. The biggest difference between him and other lawyers was his alacrity. With other lawyers in the past, it seemed like I was pulling teeth to get updates on my case, but not Mike. He always kept me informed as to what he was doing and what the next step was.

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Establishing A Medical Malpractice Case

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Establishing A Medical Malpractice Case

Our Practice Areas

Attorney Videos

Testimonials & Case Results

Testimonials &
Case Results