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Understanding Medical Malpractice and Patient Rights

Posted by blog on May 17th, 2012.

Miami Medical Malpractice

Medical malpractice occurs when a health care worker fails to adhere to the standards of care that would be reasonably expected of other similarly-trained individuals. As with other points of law, the issue of medical malpractice can quickly become very complicated. In general, medical malpractice litigation is founded upon three legal principles.

The first of these principles is the patient’s right to the “duty of care.” Simply put, this means that when a medical professional provides some aspect of patient care that professional will act within the restrictions imposed by their training and demonstrated professional competence. Furthermore, that medical professional is obligated provide a level of care that is consistent with the “standards of practice” in a particular medical specialty at both the local and national levels.

If it is suspected that the professional duty of care was not fulfilled, the patient has the legal right to file a lawsuit against the offending party. Such a lawsuit will practically always require retaining a personal injury lawyer since only a trained attorney will be knowledgeable in the various areas of law that will arise over the course of such lawsuits.

Along with the patient’s right to file a medical malpractice lawsuit comes the right of the patient to be awarded compensation for any damages that resulted from the alleged act, or acts, of malpractice. These damages are usually in the form of a financial award that is determined by a jury, the court, or by mutual agreement of the parties to the lawsuit.

In light of the above-listed issues, it is obvious that getting professional legal advice regrading potential malpractice lawsuits should be the first step toward protecting the legal rights of a victim of medical negligence. Only an experienced medical malpractice attorney will be familiar with all that is required ed to prove the facts of your case as well as secure the maximum compensation for the damages you suffered.

If you believe you have been harmed while undergoing surgery or receiving medical care, we invite you to call Fournaris & Sanet at ( 305 ) 448 – 7333 to discuss how our legal and medical skills can make a significant difference in your case. Our experienced medical malpractice lawyer will be happy to evaluate your case at no charge to you.