fighting for victims of medical negligence

The world holds the medical profession in high regard because it helps in preserving life. That is what makes cases of medical negligence so significant. People dedicate their lives to healing and helping others. As a patient, you typically seek out a doctor, hospital or specialist based on reputation. We expect doctors and hospitals to provide medical treatment with all the knowledge and skill they have access to. We trust medical professionals to carry out the necessary investigation before treating us, and except in cases of dire emergency, we believe they will obtain our informed consent before proceeding with any major treatment, surgical operation, or even invasive investigation.

Therefore, it can be a uniquely traumatic experience when individuals are injured due to the negligence, carelessness, or reckless attitude of their staff. And yet recent studies have indicated that over 250,000 deaths in the United States per year can be attributed to medical errors.

DID YOU KNOW: Data from 2012-2016 shows the state of Florida ranks in the top 10 in the United States for:

  • Annual malpractice claims per 1 million residents
  • Annual malpractice claims per 100 practicing physicians

the meaning of medical malpractice

Medical malpractice is when a patient suffers an injury as the result of a negligent act or omission by a hospital, doctor or other healthcare professional. Medical negligence can fall under a variety of categories. These include issues that arise from misdiagnosis or errors in treatment, aftercare or health management. When a medical professional fails to perform adequate care, and their oversight or negligence causes damage, that is what constitutes medical malpractice.

Often, medical malpractice occurs when a healthcare professional deviates from the standard of acceptable care when treating a patient. Florida law also allows for you to file a medical negligence lawsuit against a medical professional who:

  • Fails to correctly diagnose a patient’s condition
  • Fails to provide proper treatment by misreading lab results
  • Performs the wrong procedure
  • Operates on the wrong part of the body
  • Fails to warn the patient about the procedure’s risks
  • Prescribes a dangerous mix of prescriptions
  • Makes dangerous choices during an operation that endanger the patient’s health
  • Acts negligently during the delivery of a child and causing birth injuries

The failure of a doctor and/or hospital to provide safe and effective medical care without negligence is a breach that should be met with judicial intervention. But it is important to remember that just because your operation did not go as planned, does not necessarily mean that medical malpractice occurred. So how do you seek the damages you are entitled to for injuries resulting from medical negligence?

providing the proof of medical negligence

In some cases, medical negligence can dramatically impede the quality of life of the victim, or even result in wrongful death. However, not every medical issue can be considered the product of malpractice. Under the law, you have to be able to show the following three things in order to pursue damages for medical negligence:

1. Standard of care violation

The standard of care is certain medical standards that are recognized by the profession, and by the law, as being acceptable medical treatment by healthcare professionals under like or similar circumstances. Patients have the right to expect medical professionals to adhere to these standards. If it is determined that the standard of care has not been met, then negligence may be established.

2. Negligence caused injury

It is not enough to establish that a healthcare professional violated the standard of care to make a medical negligence claim. You must also prove that the sustained an injury would not have occurred if not for the negligence of medical staff.

3. Injury resulted in significant damages

Patients are required to show proof that significant damages resulted from an injury received due to the medical negligence. To pursue a medical malpractice claim, a patient must demonstrate that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant financial burden due to resulting medical bills.

Florida law also requires you to demonstrate that any injury was not reasonably foreseeable, or a necessary result of the medical treatment, so long as the treatment was provided competently. In other words, you cannot file a lawsuit because of the inherent side-effects of a procedure, as long as the risks are made clear to you. Having a personal injury lawyer to consult with will help you to decide if your case meets the qualifications for a malpractice suit.

seeking an attorney for medical malpractice

Medical malpractice lawsuits are not to be underestimated. Furthermore, these proceedings are extremely expensive and complex to litigate. Suits involving medical negligence frequently require the testimony of numerous medical experts, not to mention hours of deposition testimony and preparing files of medical records. It can be hard knowing where to begin when trying to seek compensation for the financial burden brought on by medical negligence. Medical malpractice cases can become extremely complicated very quickly for a variety of reasons, such as:

  • Technicalities of the health issues involved
  • Severity of the consequences created by medical negligence
  • Number of healthcare professionals involved in the patient’s care
  • Difficulties with collecting evidence, including witnesses and experts

These are only a few reasons to obtain a professional malpractice attorney. Representation is instrumental in ensuring your rights are being protected. Therefore, choosing a law firm with experience handling medical malpractice lawsuits in Florida can be the deciding factor. With cases of medical negligence, there is a lot of information and hard work that goes into receiving the compensation you are entitled to. It isn’t easy to convince a jury that a healthcare professional fell short of the standard of care. However, our lowercase personal injury lawyers have the skill and experience to handle a variety of malpractice claims. If you call now, a representative is ready to help you determine if your case qualifies for a malpractice lawsuit.

call and ask about the lowercase fee

The personal injury lawyers at lowercase are ready to take legal action to get the justice you deserve. Call us at 833-LOW-FEE5 (833-569-3335) and ask about the lowercase fee today.


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