Practicing any form of medicine comes with significant responsibility. Chief among these is the requirement to provide competent care to patients. Failure to provide this level of care that results in a new injury or worsening of a condition may be an example of medical malpractice. The victims of these incidents have the right to pursue compensation for their losses.
A Riverview medical malpractice lawyer at Distasio Law Firm could help you take legal action. They can explain the legal concept of medical malpractice and perform an initial evaluation to determine if your case appears to have merit. If so, they work with qualified expert witnesses to prove your allegations in court and demand payments to set things right. The sooner you reach out to a seasoned injury attorney, the quicker they can get to work helping you.
How Does State Law Define the Concept of Medical Malpractice?
It can be easy to assume that a poor result after visiting a doctor, dentist, or other medical professional is an example of medical malpractice. Unfortunately, medical science and the law take a more nuanced approach to these cases. In short, a poor result may indicate medical malpractice, but the burden lies on affected patients to prove this concept.
Florida state law provides a standard of care to which all practitioners must adhere. This requires them to act as a reasonable peer would for each patient, given the treatment circumstances. As a result, each medical malpractice case must evaluate the situation as a whole to determine if a defendant medical practitioner’s care fell below acceptable standards.
The Role of the Expert Witness
The only way to prove most medical malpractice cases in Riverview is to have an expert witness who can opine about the actions of defendant providers. This expert will review the medical records in the case and could identify how a competent doctor should have acted but where the defendant failed to do so. The crux of all medical malpractice cases will revolve around this expert’s reports.
A case cannot even get off the ground without the input of an expert. Florida Statutes § 766.102(5) says that any allegation of medical malpractice must include an expert’s report. Furthermore, this expert must specialize in the same field of medicine as the defendant and have spent at least the past three years working or teaching in that field.
A seasoned Riverview medical malpractice attorney is prepared to assist you in locating and working with these key witnesses.
Seeking Fair Compensation After Instances of Medical Malpractice
A doctor or other medical provider who commits medical malpractice must provide you with full compensation. This may include a provider paying for your losses or an insurance policy providing a claims settlement.
People seeking this compensation must be able to connect their losses and experiences to the instance of malpractice. Recent changes to the law have removed the damages cap in these cases. This means that as a victim of medical malpractice, you can demand any compensation that you can attribute to the losses caused by a doctor’s negligence. A dedicated medical malpractice lawyer in Riverview works to place a dollar value on these experiences and demands proper compensation in and out of court.
Schedule a Consultation with a Riverview Medical Malpractice Attorney
Medical errors are more common than we would like to think. These may occur during the diagnosis of a condition, while receiving emergency care, or even when visiting a family doctor. The consequences of these errors may be extreme. They could result in new injuries that require additional treatment or worsen an existing condition.
Medical providers who commit these errors must provide financial recovery to their victims. Riverview medical malpractice lawyer Scott Distasio is ready to pursue a legal claim on your behalf. He could explain the state’s law, evaluate the actions of defendant providers, and hire the experts needed to pursue your demands for compensation. Call now to speak with a skilled legal professional at Distasio Law Firm about the circumstances of your case.