Many women in Florida enter hospitals, doctor’s offices, and other healthcare facilities every day for the prevention, diagnosis, and treatment of cervical cancer. While most of the time their efforts are successful, sometimes they become victims of medical misdiagnosis.
Florida’s personal injury statutes allow victims of medical misdiagnosis to sue for their injuries. Doing so gives them the opportunity to seek justice in the form of monetary compensation. However, civil courts require victims to bear the burden of proof, meaning they must present solid evidence to prove negligence by their physician.
Collecting evidence in West Palm Beach cervical cancer lawsuits is a vital part of winning a medical malpractice claim. This is typically done obtaining medical records, hiring expert witnesses, and with the testimony of both parties and any witnesses. Reach out to a dedicated cervical cancer attorney for help with collecting evidence.
The Four Ways to Prove Negligence
Florida Statutes §766.102 defines medical malpractice as negligence by a healthcare provider that causes injury to a patient. Negligence is a common legal principle used in medical malpractice cases.
There are four key elements that must be established to prove negligence by a medical professional. These include:
- Duty – after a doctor-patient relationship is established, the physician has a duty to provide a proper standard of care
- Breach – if the physician fails to provide a patient with the proper standard of care, they have breached their duty
- Causation – the breach of duty directly caused injury to the patient
- Damages – as a result of the breach of duty, the patient has suffered compensable damages
The Importance of Collecting Evidence
Proving negligence relies partially on collecting evidence in cervical cancer lawsuits in West Palm Beach. Without reliable solid evidence, there is typically no proof that a breach of duty occurred or that the patient has suffered harm as a result. Relevant evidence in this regard can take on many forms.
Medical Records
Medical records often serve as evidence for both the plaintiff and the defendant. The plaintiff may need to fill out a legal release for their attorney to obtain medical records. During the discovery process, the plaintiff would likely be required to give copies of these records to the defendant. However, these records may not always be helpful to the plaintiff, as medical mistakes are rarely documented.
Witness Testimony
Another portion of evidence in a medical malpractice cervical cancer lawsuit in West Palm Beach may involve testimony from witnesses on behalf of both sides. Either party may subpoena potential witnesses to the malpractice. Witnesses may include staff that was involved with the care of the plaintiff or coworkers of the defendant.
Medical Expert Testimony
Malpractice attorneys often rely upon expert testimony to help establish what the doctor did and why it qualifies as evidence of negligence. Since they can communicate the standard of care in the field and explain the technical aspects of an injury, testimony from medical experts can help demonstrate breaches of duty and support the causation component of a negligence claim.
Get More Information About Evidence Collection in West Palm Beach Cervical Cancer Lawsuits
If you are the victim of medical malpractice or misdiagnosis related to cervical cancer, dedicated attorneys are available to help. A compassionate lawyer can help you recover financially for the emotional and physical pain you may be enduring.
While large medical corporations and insurance companies often have aggressive “cookie-cutter” defense strategies, a knowledgeable attorney can craft a strategy based on proving medical negligence based on evidence relevant to your individual situation. Collecting evidence in West Palm Beach cervical cancer lawsuits is far from a simple process, though, so call today to learn more about how a qualified legal counsel can help you accomplish this in your case.
Speak to a member of our team today.