There are important aspects that potential claimants should know before filing a medical malpractice lawsuit. First, the process is can be lengthy and extremely complex. If a medical malpractice case cannot be resolved during a pre-suit process, it can be a one- to three-year process that at all stages needs to be conducted properly.
Also, medical malpractice litigation is also expensive. Claimants should know that there is a substantial amount of money that needs to be paid to the proper consultants and experts in order to build a successful medical malpractice case.
A case as complicated as one involving the negligence of medical professions should be undertaken properly through the services of an experienced medical malpractice attorney. Reach out to learn about the role of an attorney in St. Petersburg medical malpractice cases and how they could help your situation.
The Use of Medical Evidence
In medical malpractice cases, some of the most important elements that litigators will always focus on is the medical evidence. The common types of evidence in a medical malpractice case includes:
- Medical records
- Charts, scans, and tests
- Respected medical journals and articles
- Deposition testimony and witnesses
The evidence used in a case will determine whether they establish sufficiently that the provider or healthcare facility has breached a medical standard of care. Medical malpractice cases are substantially evaluated by attorneys, insurance companies, the court, and ultimately a jury based upon what the contemporaneous medical records indicate.
It is not uncommon for the recollection of doctors, nurses, and even the patient to be inconsistent. Therefore, a jury often puts a lot of weight into what the medical records indicate because the records are created at a time when there is not yet a lawsuit pending. The medical records serve as a key foundation for how a case is evaluated by all parties.
The Standard of Medical Care
It is essential for a medical malpractice attorney to retain the services of a competent and similarly situated healthcare provider who has experience with the applicable standard of care to review the records in order to give an opinion about how the incident occurred or how it could have been prevented.
Additionally, once the attorney is confident that a breach of applicable standard of care took place, it is important to thoroughly investigate whether that breach did cause a loss, injury, or harm that is being alleged to have taken place. Sometimes the injuries were inevitable or could not have been prevented and may not be the direct cause of a breach of the standard of care.
Seek Help from a Medical Malpractice Attorney
It is vital for an injured claimant to seek help from an experienced medical malpractice attorney in Florida to evaluate their case, make sure the evidence supports the claim, and make sure all of the initial consultations and investigations are done.
Unfortunately, a significant percentage of medical malpractice cases are won by doctors and healthcare providers. This is because the cases were not handled properly by an experienced and competent medical malpractice attorney from the beginning. Let a seasoned medical malpractice lawyer help your case. Call today to learn about the role of an attorney in St. Petersburg medical malpractice cases.
