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What is Required For a Medical Malpractice Lawsuit?

July 11, 2019 by David R. Heil, PA

Have you suffered under the care of a physician due to an error? Doctors and other healthcare professionals are expected to meet certain standards in the health community. When they fail to provide reasonable treatment, or if a patient has sustained damages as a direct result of their negligence, they can be held liable. 

If you or a loved one has sustained an injury or prolonged illness due to medical malpractice, you may be entitled to compensation. Below, you will learn what errors can lead to a medical malpractice case in Orlando, and what you need to file a lawsuit. 

What Kind of Errors Count as Medical Malpractice? 

For a medical malpractice case, you must be able to prove negligence. The degree of negligence determines what the damages awarded to the patient. An example of gross negligence is when a surgeon operates while under the influence of alcohol. 

Other instances of medical malpractice can be less severe, such as being prescribed the wrong dosage of medication. This could lead to stronger side effects that worsen your condition. Or perhaps your health care provider failed to explain the risks or dangers of taking the medication in the first place. 

Misdiagnosis, improper treatment, or failure to obtain consent before a procedure are all common examples of medical malpractice. It’s best to seek the help of a medical malpractice attorney in the Orlando area as soon as possible so you can get the compensation you deserve. 

The Documents You Need 

With any malpractice case, the patient should provide evidence of the injury and how it was acquired. An experienced medical malpractice attorney should help you obtain the documents you need, such as: 

  • Medical records 
  • Medical bills
  • Receipts for out-of-pocket expenses
  • Insurance and Medicare/ Medicaid correspondence

Medical records are especially important for your malpractice case. Patients are entitled to their own medical records. To obtain yours, you must submit a request to your doctor’s office. There might be a fee involved with getting a physical copy, which is why you can also obtain a digital copy if needed. 

If medical treatment is paid by your insurance or a program like Medicare, it’s also important to keep your explanations of benefits (EOBs) and bills, as well as the receipts for out-of-pocket expenses. For instance, what you paid for certain medications and prescriptions. This helps your malpractice attorney to sort out which bills have been paid, and by whom. 

If there has been a wrongful death, you will need to provide the death certificate to your attorney. An autopsy report is also essential to determine the cause the death. 

How We Help

After patients suffer trauma from medical malpractice, they find themselves living with the consequences. The laws pertaining to malpractice are complicated. However, an experienced medical malpractice attorney in Orlando can help you determine the compensation you’re owed. 

During your recovery period, you deserve first-class representation from a lawyer to oversee the process. With over 33 years of experience, the team at Heil Law is here to help. Contact us today for a free consultation. 

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David R. Heil P.A.

David R Heil, P.A.I am a trial attorney with over 35 years of experience in civil trial law. Your case will not be handled by an investigator, paralegal or case manager. I will personally meet with you to discuss your case at one of my offices, the hospital or your home. Legal information is available.

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The hiring of a personal injury lawyer is an important decision and should not be based solely upon advertisements. Before you decide, ask me to send you free written information about my qualifications and experience.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Similar successful monetary results may not be seen by all clients seeking representation from Heil Law for accident or injury claims as each case is different. These results also reflect amounts awarded prior to deductions for attorney's fees, medical bills, and other court costs.

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