A recent Johns Hopkins Medicine study suggests medical errors are the third leading cause of death in the US, resulting in 250,000 fatalities a year. Errors or poor judgment on the part of a medical practitioner can be deadly. If you or a loved one is affected by the decisions made by a medical professional, their facility, or otherwise, you may be eligible to seek civil action.
At Ben Crump Law, PLLC, we fight on behalf of those who suffered due to medical malpractice. We believe that you should not be in a position where you entrusted your health to a caregiver, only to find your good faith betrayed. Keep in mind that in Florida, you may not have a long time to pursue compensation. Depending on your situation, you could have anywhere from two to four years to be able to file a medical malpractice claim, according to the 2019 Florida Statutes. Acting outside of this timeframe will limit your ability to pursue a financial award.
When you work with our dedicated legal team, there is no financial risk on your end. We work on contingency, meaning that we do not request any payment until the conclusion of your case. If we are unable to defend your claim, we do not get paid. Our goal is to be your most valuable resource while we hold the negligent party responsible. For a free case evaluation, call Ben Crump Law, PLLC today at 800-641-8998.
Medical Malpractice Takes Many Forms
All medical caregivers are obligated to uphold a standard of care. According to the Western Journal of Emergency Medicine, what this means is that any doctor, nurse, attending physician, or otherwise must act in a patient’s best interest while providing the level of care expected of other professionals in the same position. Failure to do so constitutes negligence.
Examples of medical malpractice include:
- Failing to accurately diagnose a patient’s condition
- Providing unnecessary or incorrect treatment
- Withholding information that would influence a patient’s decision regarding their health
- Prescribing the wrong medication
- Carelessly performing a procedure
- Refusing to consider a patient’s medical history when providing treatment
- Discharging a patient prematurely from a hospital or treatment facility
It is crucial to understand that negligence is key in a medical malpractice case. Simply undergoing a medical procedure and not getting the desired results alone does not qualify as a breach of care. For example, if a woman undergoes chemotherapy for a cancer diagnosis and does not see an improvement in her condition, this is not medical malpractice. However, if a woman receives chemotherapy as a result of a misdiagnosis, and as a result, sees her health worsen due to this unnecessary treatment, then she may have the basis for a lawsuit.
Ben Crump Law, PLLC wants to hear about your situation. Even if you are unsure if your instance reflects medical malpractice, your story is important to us, and we want to know every detail.
For a free legal consultation with a medical malpractice lawyer serving North Miami, call 800-641-8998
Proving Medical Malpractice
To show that you or your loved one is affected by a caregiver’s error or poor judgment, we must verify the presence of four elements in your case.
According to an introduction to medical malpractice in the United States, published in Clinical Orthopaedics and Related Research, these factors are:
- A professional duty owed to the patient. Doctors and nurses take oaths pledging their obligation to provide the best duty of care possible for their patients. Healthcare professionals take on this responsibility when someone enters their care. Our team’s first goal is to prove that you received any kind of treatment from the party in question.
- Breach of the standard of care. We will have to show that while you were receiving care, a medical professional violated ethical guidelines by causing undue harm. Our team will identify the violation that led to your suffering.
- Injury or harm unjustly caused. Your legal team will need to highlight the harm that your caregiver caused. This can include the worsening of your overall health condition, an unnecessarily long recovery period, or additional procedures you may need to restore your wellbeing.
- Losses. These can include both general and specific damages. General damages will cover intangible things, such as emotional trauma, while specific damages will point to items that have a price tag, such as medical bills or lost wages.
To prove the presence of these four elements, a North Miami medical malpractice lawyer can investigate your case by examining your medical records, interviewing witnesses, and contracting the knowledge of field professionals. By assigning fault to the negligent party, your lawyer can move forward in getting you the compensation you need.
Services a North Miami Medical Malpractice Lawyer Can Provide
When you work with Ben Crump Law, PLLC, one of our primary goals is to help minimize your stress as we proceed. Dealing with the aftershocks of medical malpractice is not easy, and we understand what a difficult time this may be for you and your family.
To promote your case’s success, some of the services that we perform include:
- Promptly filing your claim to encourage swift action
- Investigating the details surrounding your injuries and losses
- Interviewing witnesses and medical experts who can identify instances of malpractice
- Determining the value of both your economic and noneconomic damages
- Negotiating with the liable party, their insurance company, or others who may become involved
- Representing you before a judge and jury if we cannot reach a fair out-of-court agreement
North Miami Medical Malpractice Lawyer Near Me 800-641-8998
Call Ben Crump Law, PLLC Today for a Free Case Review
Our team at Ben Crump Law, PLLC knows Florida’s medical malpractice laws and how to assign liability. After having your trust betrayed by the negligent actions of a healthcare provider, you do not need to feel any apprehension working with us. We have your best interests in mind, and we are determined to help you recover the losses you deserve. To learn more, call Ben Crump Law, PLLC at 800-641-8998.