How Is Medical Negligence Proven?
How Is Medical Negligence Proven

How Is Medical Negligence Proven?

We go to doctors to get well. Sometimes that means getting put back together after an accident and other times it means getting cured or managing a disease. If, however, you were not cared for properly by a physician or other medical professional it is possible that you were a victim of medical negligence. Only an experienced Florida medical malpractice attorney can advise you on your specific situation but understanding what medical negligence is and how it is proven can be beneficial.

Generally speaking, medical negligence occurs when a health care provider did not treat you with the standard of care required by the profession. The standard of care is a term used to refer to what a reasonably competent medical professional with the same level of skill and in the same area of medicine would have done under the same set of circumstances. Healthcare professionals are human and make errors just like everyone else. Medical errors often results in injury; although, not all cases of medical errors rise to the level of medical negligence.

Medical negligence is usually proven with expert testimony. This typically means that an expert witness, who is usually a physician, testifies to what the standard of care at the time of the alleged medical negligence was and as to whether or not the care you received fell below that standard. That expert witness must typically have been a practicing physician during the time of the medical error as that is the only way for the physician to be truly aware of the standard of care at that point in time.

Finding a qualified expert witness is challenging and costly; however, the right expert witness will greatly improve your chance of prevailing at trial. Understandably, many doctors are reluctant to testify against a fellow professional. It is, however, extraordinarily important to have a reliable and qualified expert witness on your side in a medical malpractice lawsuit.

Medical negligence cases are typically complicated cases that involve complex medical and legal issues. If you believe you are the victim of medical negligence, or you are a surviving family member of someone who was fatally injured as a result of medical negligence, contact an experienced Florida medical malpractice attorney as soon as possible.

Powers Sellers & Finkelstein

Powers Sellers & Finkelstein in Clearwater are experienced Criminal Defense, Personal Injury and Family Law Attorneys with a personal approach. Our Defense Team has over 30 years of Litigation Experience in Florida. We have defended thousands of cases – we know the system.