When a Florida resident is charged with a crime, the court presumes innocence unless prosecutors can prove otherwise. When a medical malpractice claim is filed, the burden of proof lies with the plaintiff, meaning if you accuse your doctor of causing you injury, you must show the court evidence to support your claim. There are several key strategies to help you do so.
Enlisting the support of another licensed doctor who practices in the same field as the physician who caused your injury is a useful means of adding merit to your medical malpractice claim. When you entrust your health to licensed medical professionals, there is always a certain amount of risk involved. However, your doctor’s negligence is not considered an inherent risk; in fact, medical negligence is generally easily preventable, which is why the law allows any patient who suffers injury due to such negligence to seek legal accountability against any and all of those deemed liable.
When seeking compensation for damages regarding medical injury, you must not only prove that you were injured, you must also show that the defendant failed in his or her fiduciary duty to keep you safe. In short, you must convince the court that your doctor (or other party) owed a duty to you, was negligent in that duty and that negligence directly caused your injury. This type of litigation can be quite stressful.
The good news is that you do not have to go it alone in court. Bryant, Higby & Barr, in Florida are fully prepared through 30 years of civil litigation experience to act on your behalf in a medical malpractice claim. Whether your injury was caused by a failure to diagnose, a surgical error or negligent post-operative care, our legal team is ready to act as personal advocates to present your case to the court and seek the maximum restitution available for the pain and suffering you have endured.