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There are a number of reasons why you might feel as though you are the victim of medical malpractice, but those reasons don’t always meet with the legal definition of what constitutes medical malpractice. You simply may not be happy with the level of care you’ve been given, but if that’s your only complaint, unless it has caused you undue stress and ongoing problems, you probably won’t get a court of law in the land to hear your plea. If you feel like you are the victim of medical malpractice in Florida, here are the steps to take to ensure you get the compensation you deserve.
Hire a Medical Malpractice Attorney
What you need, especially in states like Florida, is a good Miami medical malpractice lawyer. While the law is quite specific in detailing exactly what constitutes malpractice, you need to prove that those factors are present. For example, there have been cases in the past when a surgeon removed a wrong limb, necessitating both legs being removed.
According to a 2007 article in the New York Times, surgery on the wrong side of the body was more common than people actually knew about. This is an example of a cut and dry case, no pun intended. However, what happens if the proof isn’t as obvious? This happens altogether too often in cases like misdiagnoses or prescribing the wrong (or too much!) medication. These are the times when you really, really need that attorney.
Get Your Documentation Together
One of the aspects of a medical malpractice claim is that the burden of proof really lies with you. Of course, the physician will also need to prove that they followed all the required steps in treating you according to best practices and the law, and you will need to prove that what they did, or failed to do, caused you undue harm, suffering, and loss.
There are so many reasons to seek compensation that it is imperative to document everything and get all the documents prior to care in order as well. Your attorney will use them to meet the burden of proof. This will include all your medical records as well, so make sure you get a comprehensive list of anything and everything that could have an impact on your claim.
Talk to No One BUT Your Attorney!
Believe it or not, it is common practice for the physician’s insurance company to call you to get your side of things. The best advice you can be given at this point is to talk to no one BUT your attorney. That’s what you’ve contracted them to do and they understand that one small slip of the tongue could cost you your entire case.
If you are contacted by the insurance company directly, refer them to your attorney. This is always good advice when you are making a claim and if they insist on actually talking to you, insist that your attorney be present. You have this right. The bottom line is that if you sincerely feel you are the victim of medical malpractice, hire an experienced medical malpractice attorney to represent you. It’s the surest path to winning the just compensation you deserve.