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Medical Malpractice PDF Print E-mail
Written by karl   
Monday, 25 October 2010 03:29

Why Medical Malpractice?

Medical Malpractice is the term use when a medical professional by his act or failure to do an act causes an injury or death to the patient. Most of the time, the liability had resuted from errors while performing medical treatment. A health care provider is expected to provide extra ordinary standard of care in the performance of their duties.

Why need Miami Medical Malpractice lawyers?

For medical negligence, you only do not need a lawyer, but an expert lawyer who knows about the requirements of medical profession as well as the surrounding laws governing the said practice. MiamiEsq will provide you a team of criminal lawyers who are experts in the field of medical profession to properly bring your action to court and avail of immediate, accurate and complete legal assistance. Miami Medical Malpractice lawyers are your partners to bring an action against erring doctors, nurses and other health care providers.

How to prove Medical Negligence?

Our Miami Medical Malpractice lawyers know that the crucial part in Medical Malpractice lawsuit is to prove “negligence” while in the performance of an obligation. You need to prove the elements of malpractice in order for your claim to prosper. Plaintiff must establish the following:

1. That there is an existing obligation on the part of the medical practitioner and the injured party. A duty exists whenever a hospital or health care provider takes responsibility in the care and treatment of a patient.

2. That there was a breached in that obligation. The health care provider had omitted or failed to act in conformity to the required standard of care or diligence required under the circumstances.

3. That due to such omission or failure, an injury was incurred causing undue pain, suffering or even death to the patient. Such breach must be proximate cause of the injury.

4. That there was damage sustained. Damage may be in the form of physical, emotional or psychological damage. Without damage, there can be no recovery whether, actual, compensatory or pecuniary damages.

Common Medical Malpractice cases

Miami Medical Malpractice lawyers have identified common errors in the medical profession that may entitle the injured party to claim for damages. This include: wrong or inappropriate diagnosis, failure to observe the required standard of care and breach in the “doctor-patient relationship”. When any of these circumstances occur, call our Miami Medical Malpractice lawyers at (888) 338-3643 or visit MiamiEsq.com for legal assistance.

Last Updated on Wednesday, 28 December 2011 18:28
 

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