Key Ways to Strengthen Your Medical Malpractice Case

By Your Health Magazine

Your Health Magazine

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Key Ways to Strengthen Your Medical Malpractice Case

Fort Lauderdale is a Florida city on the southeast coast, and it has some of the best healthcare facilities and the fastest-growing population in the US. But when a person has been a victim of medical malpractice, that person may experience serious physical, emotional, and financial loss due to the medical negligence of their doctor.

To strengthen your medical malpractice case, gather complete medical records, secure strong expert testimony, clearly prove causation, document all damages, and act quickly to meet legal deadlines.

Victims of medical negligence will be best served by consulting experienced and knowledgeable medical malpractice attorneys in Fort Lauderdale, ensuring they have the proper legal guidance to understand their rights and take action to make a medical malpractice case as strong as possible.

What Are the Types of Evidence? 

The backbone of a successful medical malpractice lawsuit consists of robust evidence. It’s difficult to establish negligence without clear documentation.

The primary types of evidence include:

• Complete medical records, including laboratory test results and physician notes
• Documentation of prescriptions and treatment plans
• Photographs of injuries or complications
• Documentation of all correspondence between the patient and their health care provider

Expert Testimony

To prove medical malpractice, you must show that the health care provider’s actions did not comply with generally accepted professional standards. This is accomplished through the use of expert testimony.

Expert testimony will:

• Explain what the generally accepted standard of care was.
• Show how the provider failed to comply with the standard of care
• Establish a direct causal connection between the provider’s negligence and the patient’s injury.

Establishing Causation

Simply demonstrating there was an error is not sufficient to hold another party accountable for injuries, as the plaintiff must provide proof that the negligent act actually caused measurable injury.

The plaintiff’s burden in establishing cause and effect will typically include:

• Establishing a clear time sequence between the negligent act and the injury

• Obtaining medical opinions that would support a finding that the injury would not exist but for the negligent act
• Documenting evidence of the worsening of health status(es) due to receiving treatment that was not timely or appropriate.

Properly Documenting Damages

Complete documentation of damages will be used to determine if the plaintiff’s total damages are accurately compensated, as the total damages will be based on how the injury has impacted the plaintiff’s life.

Damages include:

• Additional expenses for medical care
• Lost wages or reduced future earning capacity
• Cost of rehabilitation or retraining
• Mentally or emotionally induced distress and pain.

Act Promptly

There are strict time constraints when filing a medical malpractice claim. Failing to comply with time constraints may bar you from receiving compensation for your injury.

Because acting quickly will assist in:

• The preservation of vital evidence
• The ability to interview witnesses before their memories fade
• Securing expert opinions early

Key Takeaways

• Collect and preserve all relevant medical files in a prompt manner
• If you believe that you have been the victim of medical malpractice, obtain qualified expert testimony to provide evidence of negligence.
• Provide evidence that clearly links the negligent act and the injury sustained from the act of negligence.
• Document both the financial damages as well as the non-financial damages that have resulted from your injuries.
• Contact a knowledgeable Fort Lauderdale medical malpractice attorney immediately concerning your claim.