If you suffered injuries due to the negligence of a doctor, nurse, or another medical professional while they were performing their duties, you may seek compensation under a medical malpractice claim. Injuries due to medical negligence can devastate you physically, emotionally, and financially. A medical malpractice lawyer serving Hollywood, Florida, with Ben Crump Law, PLLC, can help you with your claim or lawsuit. Call (800) 641-8998 to understand your legal options.
Types of Medical Malpractice Cases
Errors and negligence by a medical professional may cause additional injuries to patients. Medical malpractice may result from:
- Medication errors, including incorrectly prescribed medications, incorrect dosages of prescriptions, prescribed medications to which the patient is allergic, or medications that react adversely to other prescribed medications.
- Failure to diagnose or identify life-threatening conditions or diseases, and therefore, providing inappropriate or inadequate medical care.
- Failure to remove all medical instruments and tools after surgery.
- Removal of incorrect body part or operation on an incorrect body part during surgery
- Errors during surgery that result in the unnecessary loss of a body part of a patient.
- Injuries to either the mother or child during childbirth.
Medical malpractice cases can also extend to dentists, physical therapists, nurses, hospital staff, chiropractors, and other medical professionals.
For a free legal consultation with a medical malpractice lawyer serving Hollywood, call (800) 641-8998
The Complexity of Medical Malpractice Cases
The need for an independent investigation and consultation with medical expert witnesses make medical malpractice cases challenging and complex.
Medical malpractice cases must prove that the medical professional had a duty to provide a certain level of care to the victim while providing any kind of treatment. Additionally, the case must prove that the medical professional breached that duty, which directly caused the patient’s injuries.
Convincing a judge or jury that a medical professional breached their duty of care and acted very differently from how another medical professional would have in a similar situation can pose a challenging legal hurdle. An independent investigation, that includes interviewing witnesses to the event or other medical staff, may prove necessary. Additionally, in many cases, a medical expert witness must testify regarding the negligent actions of the medical professional.
The requirement for proof in a medical malpractice suit along with the pressures from insurance companies can make a medical malpractice case difficult without legal representation.
Hollywood Medical Malpractice Lawyer Near Me (800) 641-8998
Establishing Negligence
Victims must prove that medical negligence directly caused medical complications, pain and suffering, additional injuries, or even death. In some cases, especially in surgical settings, victims may remain unaware that they suffered an additional injury until much later. Patients who experience some form of pain following surgery may wrongly believe that their pain relates to the surgery when it actually originates from medical negligence.
Florida Statutes §95.11 considers that many victims may remain unaware of medical malpractice until much later, and so the deadline to file a claim starts from the time the victim knew that they suffered injuries due to medical malpractice.
Additionally, the doctrine of res ipsa loquitur applies to medical malpractice claims, stating that a victim’s injuries could not have ever happened if medical negligence did not occur. The victim would not need to offer any further proof apart from this.
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Demand Letters in a Medical Malpractice Case
Winning a medical malpractice case takes a great deal of preparation. First, demand letters sent to medical professionals request compensation for injuries, lost wages, and any other losses.
If the demand letter does not result in you getting the compensation you deserve, a full investigation may follow, including:
- Gathering evidence, such as medical records and journals of the victim’s pain and suffering.
- Estimating the potential loss of wages.
- Interviewing witnesses to the medical malpractice.
- Hiring a medical expert witness.
Building a strong medical malpractice case takes time, and without these steps, a victim may lose their right to receive compensation for their injuries and losses.
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Medical Malpractice Settlements
There were 12,598 cases of medical malpractice throughout the United States in 2012, according to the National Practitioner Data Bank (NPDB). While every medical malpractice case is different, the state of Florida, under Florida Statutes Title XLV §766, allows a victim to receive compensation for medical bills, lost wages, and intangible losses. Intangible losses refer to qualifying losses that courts may find difficult to monetize, such as a survivor’s pain and suffering. Under Florida law, compensation received from medical malpractice cases may also extend to intangible losses such as mental anguish and pain and suffering.
Consider a Medical Malpractice Attorney in Florida
If you suffered injuries due to a medical professional’s negligence, you have the right to seek legal representation for your medical malpractice claim or lawsuit. A medical malpractice lawyer serving Hollywood with Ben Crump Law, PLLC, may help to build a strong medical malpractice claim and help to ensure the protection of your legal rights. Call (800) 641-8998 for a free case evaluation.
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