Any person who visits a doctor, nurse, hospital, chiropractor, dentist, or other healthcare professional for a medical condition expects to receive appropriate care. The last thing anyone ever expects is that a visit to a medical provider will cause additional injuries, illness, or harm.
However, if a medical professional behaves in a negligent manner and causes a patient any kind of harm, that person may have the legal right to pursue compensation for their additional medical bills, loss of wages due to an inability to return to work, psychological harm, and pain and suffering.
If you have suffered injuries related to the negligence of any medical professional, learn how a Sarasota medical malpractice lawyer at Ben Crump Law, PLLC at (800) 641-8998 can help you develop a medical malpractice case.
Understanding Medical Malpractice
Not every surgery or medical procedure will have the results that a patient wishes, and in some unfortunate cases, doctors simply cannot cure an illness or fix an injury. While tragic, these incidents do not rise to the level of medical malpractice. Medical malpractice is not when a medical procedure or surgery does not produce the desired outcome, but rather, medical malpractice occurs when a healthcare professional does not adhere to standards established by the medical community.
When a medical practitioner’s errors and negligence harm a patient, the patient may have the legal right to then pursue justice and compensation for the unexpected medical bills, lost wages, emotional harm, and pain and suffering endured as a result of the medical professional’s negligence.
For a free legal consultation with a medical malpractice lawyers lawyer serving Sarasota, call (800) 641-8998
Examples of Medical Malpractice Cases
Medical malpractice cases can occur in doctors, nurses, hospitals, healthcare facilities, and more. While every case will have its own set of facts and circumstances, some of the examples of medical malpractice cases include the following:
- Failure to identify and diagnose a serious or life-threatening condition, illness, injury or disease resulting in inadequate or improper medical care
- Failure to remove medical instruments at the conclusion of a medical procedure or surgery
- Removing an incorrect body part or operating on an incorrect body party
- Surgical errors that cause additional harm to the patient, including the loss of a body part, paralysis, or another type of injury
- Errors involving the prescription or dosage of the medication causing either an allergic or adverse reaction or even death
- Failure to perform a medical procedure, medical treatment or surgery according to medically established guidelines
- Preventable injuries suffered by either a mother or child-related to childbirth
These are not the only examples of medical malpractice. If you have suffered injuries or losses related to the negligence of a healthcare provider, consider reaching out to Ben Crump Law, PLLC, and a Sarasota medical malpractice lawyer can help you determine if you have the legal right to pursue a claim for compensation for your injuries.
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Challenges of Medical Malpractice Cases
Medical malpractice cases can be inherently complex and legally challenging. In some cases, expert witnesses must provide additional testimony to whether or not the medical professional actually acted outside of the scope established by the medical community. These cases typically end up weighed on the quality of testimony and evidence provided to a court.
Additionally, in some cases, a complete investigation can assist in providing this evidence to the court to illustrate how a medical professional failed to provide appropriate medical care to their patient. According to research shared by the National Center for Biotechnology Information (NCBI), medical malpractice cases require that the victim prove the following:
- The medical professional had a duty to behave and act in a certain way during a medical procedure, medical treatment, or surgery.
- The medical professional failed to uphold established medical standards.
- The negligent actions of the medical professional directly caused additional injury or harm to the patient.
- The patient suffered actual physical, psychological, emotional, and/or financial harm.
Evidence Needed in a Medical Malpractice Case
Because medical malpractice cases take time to fully investigate, time is of the essence. A victim must first send a demand letter to any medical professional to compensate them for any resulting injuries or losses resulting from medical malpractice.
If the medical professional (or their medical malpractice insurance company) fails to provide a victim of medical malpractice with the compensation they deserve, then a victim must begin to gather evidence, obtain records of the procedure, conduct interviews with witnesses, consult with expert witnesses willing to testify to the medical malpractice, and build a strong medical malpractice case. Unfortunately, medical malpractice claims can be difficult to prove in court without strong evidence and a clear establishment of negligence.
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Medical Malpractice Settlement Amounts
Not all medical malpractice cases end up with substantial settlements, and it will truly depend on the individual case whether or not a victim receives any compensation. However, the state of Florida does allow for unlimited non-economic damages to accompany any actual economic damages. In a personal injury claim, like medical malpractice, the Legal Information Institute (LII) reports that non-economic damages may include intangible losses such as pain and suffering, loss of consortium, inability to perform daily tasks, disfigurement, or emotional or psychological anguish.
Consider How a Sarasota Medical Malpractice Lawyer Can Help You
If you have suffered injuries due following a medical treatment, medical procedure, hospitalization, surgery, or any other injury related to your medical care, you may have the right to receive compensation for your medical bills, lost wages due to your inability to return to work, and pain and suffering.
Get in touch with our legal team at Ben Crump Law, PLLC at (800) 641-8998 to learn how our attorneys can help you develop a medical malpractice case and ultimately protect your rights.