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When Can You File a Medical Malpractice Complaint?

When Can You File a Medical Malpractice Complaint?

Medical students, although not bound by the traditional Hippocratic Oath, do take an oath upon graduating stating they’ll comport themselves with equanimity in all matters of public concern. Treating the sick, dying and otherwise helpless patient is of public concern, although not all perform their duties as directed. Doctors do take this sacred oath, and are bound by its principles both legally, and morally. Medical malpractice is the manifestation of one’s inability to follow protocol, the painful end result of a broken doctor-patient relationship. And when patients lose their lives due to neglectful care, it is well within the rights of family members to file a civil action against the hospital, surgeon, or both. However, medical malpractice suits aren’t clear cut. Discuss your case with a skilled Tampa medical malpractice lawyer to learn whether you have a viable claim. Elements of a Medical Malpractice Case Building medical malpractice cases requires all four (4) elements below meet the standard of proof as required by law: Doctor-patient relationship: Once patients consent to a physician’s care, and the physician begins administering such, a binding relationship is formed that is legally enforceable.Breach of duty: During the course of regular care activities, a physician, hospital, nurse or surgeon must perform an action that breaches their duty to care. This could be failing to administer drugs (or too much), leaving surgical instruments inside a patient, failing to perform a life-saving procedure, or discharging a patient before due time.Causation: Breaching patient care caused clear and obvious damages, including death.Damages: Because breaching duty to care caused damages, the individual responsible for care is liable financially. Breaching healthcare...