Navigating Medical Malpractice

Medical malpractice cases can be challenging, both emotionally and physically, as well as legally intricate. Medical malpractice occurs when a healthcare provider fails to provide the standard level of care that is expected in their field which results in the patient being harmed. For a claim to be filed, there must be enough evidence the healthcare professional was at fault and caused an injury.

If you’ve been injured in Florida or Georgia due to someone else’s negligence, Barnes Cohen & Sullivan is ready to listen to your story. We offer free consultations to injured individuals. Call us at (904) 396-5181 to discuss your case.

When injured during a medical procedure, detailed medical documentation is crucial in your personal injury claim. Some ways medical documentation may be used for your case include demonstrating the severity of your injury, connecting your injury to the incident, provides a timeline and the impact of the injury. Medical documentation reveals whether there is a direct correlation between the injury and the incident or if there are multiple pre-existing conditions that could be linked to the claim. If there was a pre-existing condition, the at-fault party may not be responsible.

The National Library of Medicine explain the key elements of a medical malpractice case as follows:

  1. Duty of care: The patient must establish the healthcare professional owed them a duty of care.
  2. Breach of duty: Proving the healthcare professional deviated from the standard level of care can be difficult. However, this is where medical documentation is crucial to share with your attorney.
  3. Causation: Patients must be able to show the direct correlation between the healthcare provider’s breach of duty and the resulting injury.
  4. Damages: To pursue a medical malpractice case, the patient must have suffered severe damages.

For medical malpractices, it is important to note the statute of limitations. Otherwise, you may miss the window to make a claim. In Florida and Georgia, the statute of limitations is two years from the date of injury or death.

Medical malpractice cases demand an extensive understanding of medical standards, the legal intricacies, and a commitment to seek justice for those who have suffered due to negligence. If you have been injured in Florida or Georgia, Barnes Cohen & Sullivan is the legal team that checks all of these boxes. Call us for a free consultation at (904) 396-5181 or (912) 304-4961.