The Standard of Care in Medical Malpractice Cases!
Автор: Kaire & Heffernan | Injury Lawyer Miami
Загружено: 2024-03-06
Просмотров: 333
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The Standard of Care in Medical Malpractice Cases
https://www.KaireLaw.com | (305) 372-0123
Hi, I'm medical malpractice lawyer, Mark Kaire, and we've done a couple of medical malpractice videos. The last one we just did talked a little bit about emergency room medical malpractice, and I was able to discuss a couple of the statistics. So for medical malpractice, a general overview of the things that need to happen is first, no matter what type of case it is, whether it's a hospital malpractice case or whether it's a surgical malpractice case, a delivery malpractice case, all sorts of medical malpractice cases. The first thing that we need to determine as medical malpractice lawyers is whether the treatment that the patient received below the standard of care. Did the doctor, the nurse, or somebody on the staff make a mistake?
Were they negligent? That means below the standard of care. We, as lawyers, can take a look at it. We think we know what we're looking at, but ultimately the decision or what we need in order to move forward with a medical malpractice case is an affidavit from a doctor that practices in the same specialty.
As the doctor or nurse that we're bringing a claim against to sign an affidavit and set forth the reasons why that doctor or nurse fell below the standard of care in their treatment. The next issue, which is really important too, is we have to prove that the treatment that was rendered below the standard of care.
The negligence resulted in an injury. So it's not enough that the doctor made a mistake. That mistake needs to cause an injury within a reasonable degree of medical probability. So more likely than not, the doctor's departure from the standard of care resulted in an injury and that injury needs to be permanent.
Those are the things that we look for in a medical malpractice case. That's just a brief overview of the law.
The Standard of Care in Medical Malpractice Cases Miami FL
https://www.KaireLaw.com | (305) 372-0123
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