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Medical Negligence Lawyer in New Smyrna Beach, Florida

Posted by Larry Avallone | Nov 21, 2015 | 0 Comments


What is medical negligence law?

Medical negligence law deals with medical professionals who fail to perform their jobs under an accepted medical standard of care.This can result in medical malpractice if their negligent treatment causes the patient to become injured or to suffer unexpected complications.

You may think you have a case for medical malpractice if your doctor makes a mistake in your treatment. You might, you might not. In order for you to make a case for medical malpractice you must prove that a doctor or another medical professional made a mistake, and that mistake caused you harm. Oftentimes neither of these facts are easy to prove.

By definition medical malpractice is when a doctor or another medical professional does or doesn't do something that causes injury or to you or another patient. The medical professional's act or failure to act which is called an “omission” and this is medical negligence.

The mistake can happen at any time during your medical treatment. Example include, a mistake in diagnosis or improper treatment for your diagnosis. You medical professional must meet a certain standard of care, which is the generally accepted method or methods used by other medical professionals treat patients under the same or similar circumstances.

You must be able to prove your doctor breached the standard of care for your particular medical problem, if you can do this you may be able to make a case for a medical malpractice claim.

Just making a mistake is not enough, you have to be able to show that the mistake caused you harm. Mistakes in surgery such as brain damage, amputation of the wrong limb, a disease that gets worse after treatment, or death are some examples of injuries or damage. If you cannot show harm, you do not have a medical malpractice case.

Taking it one step further you must prove that the injury or harm is caused by the negligence or mistake. This is called causation, which simply means your situation was caused by the doctor's mistake. This is probably the toughest part of your case. You will need experts in the field to help you prove this part of your case. Experts are also used to help you show the standard of care that applies to your condition and how your medical professional has breached the standard of care.

Medical Malpractice cases can take months, even years to conclude. The statutes of limitations set out how long you have to file a claim for medical malpractice. In Florida it's two years from the date of your injury.

If you or a family member have been injured seek advice of a professional, it is possible for you to recover lost wages, compensation for medical bills and more. You may also prevent the same thing from happening to someone else. Contact Larry Avallone now with questions.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is formed by use of the site.

About the Author

Larry Avallone

Larry Avallone is a Volusia County Florida based Board Certified Criminal Trial Attorney. He has been a Deputy Sheriff and a State Prosecutor and he exclusively practices criminal defense law.


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