At Zimmet and Zimmet our Daytona personal injury attorneys are expert medical malpractice lawyers as well, with over three decades of experience. Whenever we encounter a medical malpractice claim we look for some basics that must apply to every medical malpractice lawsuit.
Here’s a brief description of those basic criteria.
A physician-patient relationship existed. You must show that you hired the doctor and the doctor agreed to be hired. This is easy if a doctor began seeing you and treating you. Questions of whether a professional relationship exists frequently arise when a consulting doctor did not treat you directly.
The doctor was negligent. Negligence means that the doctor was incompetent or careless in their diagnosis and treatment. Just because you are unhappy with the treatment or outcome, does not mean that the doctor is liable for medical malpractice. In order to sue for medical malpractice, you must be able to show that the doctor caused you harm that a competent doctor would not have.
The doctor’s negligence caused an injury. Because many medical malpractice cases come from situations where a patient was already ill or injured, it can be difficult to determine if the doctor, negligent or not, caused the harm. For examples, if a patient dies after treatment for lung cancer, it can be difficult to show that the doctor’s negligence, rather than the cancer, caused the death.
The injury led to compensable damages. Even if it can be shown that the doctor performed negligently, the patient cannot sue if they did not suffer any harm. Here are some examples of compensable damages that patients can sue for:
- Physical pain
- Mental suffering
- Additional medical expenses, and
- Lost work and earning capacity.
At Zimmet & Zimmet we have attorneys in Daytona who are experts at handling medical malpractice lawsuits. Click here or call us today at (386) 255-6400 to find out if we can help you through our Daytona medical malpractice attorney.