Are you considering filing a medical malpractice lawsuit, or maybe you are a doctor who must defend one? If so, you need to make sure that you fully understand how they work. Here at Injury Assistance Law Firm, we are here to ensure that you have all the necessary information to move forward. We are here for you when it comes to medical negligence. You can trust our personal injury attorney Orlando.
What Are The Four D’s?
- Duty. When there’s a doctor-patient relationship, the doctor is expected to follow certain rules and meet certain expectations of competence. Among those is patient confidentiality, treating the patient with respect, and listening to the patient. If the doctor can help the patient, the doctor should do so. If the doctor can’t help, he or she should be able to refer the patient to another specialist or physician who can handle the patient’s issue.
- Dereliction. If there’s dereliction, the doctor has violated the duty or trust. For example, the doctor may go beyond the defined scope of work, he was supposed to remove an appendix, but while he was in surgery, he also took out the gallbladder. Of course, the situation could be more serious. The doctor may do something wrong by accident, such as amputating the wrong foot, or act recklessly, or, in rare cases, even do something intentionally wrong. Other examples of dereliction of duty are a mistaken diagnosis or missing a diagnosis altogether; giving the wrong medication; offering treatment in a dirty environment that leads to infection; or neglect, which is common in cases involving nursing homes.
- Direct causation. If there was a dereliction of duty, did it directly cause the negative outcome that has a patient considering whether to file a lawsuit? A misdiagnosis that leads to a patient’s death, for instance, might be considered direct causation. Medical records and other evidence are critical to proving causation. In many cases, a doctor may argue that the patient was likely to suffer or die anyway, regardless of diagnosis or action.
- Damages. What physical or emotional harm did the physician cause to the patient? Damages refer to a monetary amount that would address not just harm to the body, but harm to the patient’s psychological well-being and way of life. Specifically, the lawsuit may cite medical bills, lost wages, emotional distress, pain and suffering and/or wrongful death. In some cases, punitive damages also may be awarded if the physician’s actions were extremely negligent.
Medical Negligence Near Orlando
Are you the victim of malpractice? Do you know what steps to take to move forward? Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care and that such negligence resulted in injury. To do so, four legal elements must be proven: a professional duty owed to the patient, breach of such duty, injury caused by the breach, and resulting damages. Money damages, if awarded, typically take into account both actual economic loss and non-economic loss, such as pain and suffering. Trust our personal injury attorney Orlando.
Contact Us Today
Here at Injury Assistance Law Firm, we are here for you. If you are ever victim to medical negligence, our personal injury attorney Orlando is dedicated to your safety. We are here to ensure you get all the information you need to take action. Trust our professionals near Orlando to help you obtain the most favorable results possible. Our experts are driven to fight for you and get you protected. Visit or call us today for more information.