Medical Malpractice: Five Steps to Take Immediately for Financial Compensation

/in , , , /by

Every day, we place our trust and our lives into the hands of medical professionals, trusting them to act in our best interest. Each doctor, surgeon, and other medical professional take a Hippocratic oath to do no harm and, to the best of their ability, provide safe and effective medical care. When a medical error is the result of negligence including a failure to diagnose, treat, or provide proper information regarding risks related to treatment, the consequences can be devastating. Lasting injuries, physical limitations, and psychological trauma can be debilitating, and someone should be held responsible. If you are the victim of medical malpractice, The Law Office of Bernstein | Polsky suggests five steps you need to take immediately to help secure your financial compensation.

Hire an Attorney

A medical malpractice lawyer in Boca Raton can help guide you through the legal process of seeking compensation for your injuries. With specialized experience pertaining to medical law and injury claims, your attorney can review the exact details of your case to determine the best course of action for you. Their legal knowledge is a vital resource for building a solid case for trial. Your doctor will have lawyers on their side. Be sure you’re equally prepared.

Joshua E. Polsky of the Law Office of Bernstein | Polsky has years of experience taking high-stakes cases to trial. His specialized personal injury experience includes medical malpractice claims for brain injury and wrongful death. He has also successfully taken mass tort cases to trial, helping multiple plaintiffs gain the compensation they deserve. Learn more about his achievements as a personal injury attorney in Boca Raton here.

Gather Evidence

In order to establish a medical malpractice claim you must be able to prove the following things:

  • The existence of a doctor-patient relationship, typically established using one’s medical records
  • Negligence on the part of the doctor, usually determined by the testimony of a medical expert who can attest to the appropriate standard of care and speak to how the defendant failed to meet said standard
  • Injury is the direct result of medical negligence, also typically established by the testimony of a medical expert
  • The specific damages caused by said injury, such as pain and suffering, mental and emotional damages, additional medical bills accrued through corrective treatment, and lost wages
  • Let the Law Office of Bernstein | Polsky guide you through the specific requirements for proving your medical malpractice claim

Notify Doctor of Filed Claim

Florida requires the defendant in a medical malpractice claim be given adequate notice in order to provide time to prepare for trial. Your medical malpractice lawyer in Boca Raton can draft an official notice to be submitted directly to the defendant or their legal team. Once notice has been given, the person in question may opt to settle out of court or take it to trial. No matter what they decide to you, the Law Office of Bernstein | Polsky is on your side.

Find an Expert to Testify on Your Behalf

Remember, it is the burden of the plaintiff to prove medical malpractice damages. A third-party medical professional with experience in the specifics of your case can provide the testimony necessary to determine fault and damages. If you are the victim of surgical malpractice, a surgeon may be called up to speak toward standard practices in your specific case and where the defendant deviated from those procedures. They may also be able to speak toward the validity of your claim by proving your injuries “more likely than not” occurred due to negligence on the defendant’s part. Working with an attorney experienced in medical malpractice can help you find an unbiased, third-party medical expert to review your case and speak on your behalf, allowing you to focus on healing and moving forward in life.

Prepare for Trial

If the person responsible for your medical malpractice claim opts to go to trial, be sure you are prepared for what that entails. You may be called forward to testify regarding the effects of your case on your quality of life. Working directly with a medical malpractice lawyer in Boca Raton will help ensure you’re fully prepared for any actuality. Don’t wait—you only have a limited time from the time of injury to file a medical malpractice claim. Contact us now to get started.