Surviving cervical cancer and the ability to fight the disease often depends significantly on when it is detected. If a medical provider failed to properly diagnose or treat your cervical cancer, they could potentially be held liable in court.
When identifying the different components of liability in West Palm Beach cervical cancer malpractice cases, it may be highly beneficial to speak with a qualified cervical cancer malpractice lawyer. Anyone who is facing the consequences of a doctor’s egregious error in their cervical cancer case may benefit from having knowledgeable and dedicated legal representation in their corner.
Establishing Legal Liability
Civil liability is a legal concept with several different elements. Medical misdiagnosis cases are usually only decided in favor of a plaintiff if all four elements—duty, breach of duty, causation, and damages—are proven to be present.
A physician’s duty to a patient is usually proven by the existence of a doctor-patient relationship. Once there is a doctor-patient relationship, the doctor has a duty to care for the patient in the same way that another reasonable physician with the same training would.
When a doctor fails to treat the patient in such a manner, they may have breached this duty. However, breaching the duty alone is not enough to establish negligence—it must be proven that the breach directly caused an injury to the patient.
Furthermore, the plaintiff must prove that they have suffered damages in relation to their injuries. Medical bills, extra hospital visits, and lost wages are some examples of damages.
In some medical malpractice cases, more than one party could share liability in the injuries of a patient. In addition to a single physician, other medical staff, a hospital or medical group, or even a medical manufacturing company may be named as defendants in the lawsuit.
West Palm Beach cervical cancer malpractice liability cases fall under the purview of Florida’s pure several liability laws. As per Florida Statutes §768.81, a plaintiff may recover from each severally liable defendant only based on the percentage of fault that has been assigned to them. The portion of fault each party assumes will be determined in settlement negotiations or by a civil court.
In addition, sometimes the plaintiff is found to be partially liable for their injuries. In these cases, the court would also assign the plaintiff a percentage of fault and their compensation would be reduced by that percentage.
Holding Parties Liable for Cervical Malpractice in West Palm Beach
An experienced attorney can help establish liability in West Palm Beach cervical cancer malpractice cases and work tirelessly to hold the parties that have wronged you liable for their actions in a court of law or through a private settlement. The goal of any qualified medical malpractice lawyer is justice for your pain and suffering as well as your economic damages.
Getting the compensation you deserve may not completely erase the damages you have suffered, but it could certainly help improve your quality of life going forward. Call today and set up a time for a case consultation.