Medical Malpractice Attorney
Medical Malpractice Attorney Overview
Medical malpractice is common and has been on the rise. In fact, a recent John Hopkins study found that more than 250,000 Americans die from medical errors annually. That makes medical negligence the third highest cause of death in the United States according to the Centers for Disease Control and Prevention. Medical malpractice attorneys were borne out of a need to hold healthcare providers responsible considering these alarming statistics.
The public places exceptional trust in doctors, nurses, specialists, and the medical institutions where they practice because they have the special training and resources to help sick and injured patients. However, the unfortunate truth is that while most of these individuals and companies aim to provide the best medical care possible, for far too many it is just a job or business. As with money making enterprise, decisions are made to cut-corners or save costs. The patient is usually the one who pays the ultimate price when medical malpractice inevitably occurs.
Types of Medical Malpractice
There are countless examples of what constitutes medical negligence. Typical cases involve:
- Failing to make a timely or appropriate clinical diagnosis,
- Errors during surgery,
- Inadequate or improper medical decision making,
- Failing to consider all available medical data,
- Negligent administration of anesthesia or medications, and
- Lack of patient monitoring
The Claims Process
If you or a loved one even suspects that they may be a victim of medical negligence it is critically important to have the claim investigated as soon as possible. The healthcare industry is very powerful. They have successfully lobbied our state legislators to enact a shorter, 2 year Statute of Limitations on medical malpractice cases. Meanwhile, every other kind of personal injury case is subject to a 4 year limitations period. The Statute of Limitations controls the amount of time in which an injured party can bring a claim for medical malpractice or otherwise be turned away from the courts forever. While there are some exceptions it is highly advisable not to delay if you believe you may have a case for medical malpractice.
Even the most “basic” medical malpractice claim is extremely complex. As such, they cannot be handled by just any personal injury attorney. If the claim is to have any chance of success it must be handled by an experienced medical malpractice attorney who has done these types of cases before. One with an understanding of the medicine involved, and who can identify the best experts to support the case.
Proving Medical Malpractice - Legal Elements
Duty: Patient-Doctor Relationship
First, proving medical malpractice in Florida requires a patient-doctor relationship as a threshold matter. A patient must have actually sought treatment from a healthcare provider or from a healthcare facility like a hospital to create that relationship. Getting bad medical advice in a social setting or through a friend is not likely to qualify.
Breach of "the Standard of care"
Second, every malpractice victim must then prove that the medical provider involved rendered treatment that deviated from the prevailing professional standard of care. “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In basic terms, a medical malpractice victim must show that a healthcare provider either did something, or failed to do something, which another similar healthcare provider with the same credentials and training would not have done. In every single medical malpractice case this is the subject of a heated dispute between medical experts for the patient and those hired by the insurance company defending the claim. But that is just the first step.
Causation
Third, one must prove that the medical malpractice was the legal cause of the patient’s injuries, known as “damages.” While this might seem obvious in most cases, you can be sure that the defending healthcare provider and their insurance company will pay their own experts vast sums of money to contest this element. They will pay experts to testify that even if there was negligence, the injury was going to happen anyway. Or, that it was a known risk of the medical treatment.
This is what makes medical malpractice cases so hard to prove and the statistics bear it out. About 4 in 5 medical malpractice cases result in “no negligence” trial verdicts where the patient ends up with nothing after years of court battles. The public who sit on juries have a difficult time understanding complex medical issues and they also have an even harder time telling a doctor or nurse that he or she made a mistake.
Damages
The damages in medical malpractice cases can be significant. For instance, they include all medical expenses related to repairing or recovering from the negligent care, lost wages in the past and future, in addition to physical and emotional pain and suffering.
Medical malpractice resulting in wrongful death allows the victim’s close family members to recover their own damages. Family members are entitled to loss of support and services as well as their own emotional pain and suffering, among a variety of other damages.
Summary
In light of these factors you owe it to yourself or your family member to hire an knowledgeable medical malpractice attorney who has a plan from the beginning and can devise a strategy to successfully win your case.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced medical malpractice attorney.
Let's Discuss your case
Responsive, reliable, and aggressive to get you on the right path to recovery.
