Medical Malpractice is the failure of medical professionals to provide acceptable treatments to patients. It is one of the leading causes of death in America. Some leading causes of medical malpractice include inadequate training, excessive work hours, substance abuse and errors in judgment by hospitals and medical professionals.
When considering whether or not a person has a medical malpractice claim, several elements of the law must be considered. If a medical professional fails to provide appropriate care in accordance with the standard in the medical community, which resulted in damage, you may have a medical malpractice claim. For medical malpractice purposes, a medical professional could be a doctor, nurse, medical technician, or other member of the health profession.
You may also pursue a medical malpractice case if the patient incurred some harm as a result of a medical professional's failure to properly diagnose the patient's disease or injury. This failure to diagnose would result in improper or delayed treatment. Related to this cause of action would be a medical professional's prescription of improper medication; neglecting to inform a patient of available treatments; proceeding with a treatment that has been proven to be ineffective; or failing to provide a patient with information pertinent to his/her condition.
Having determined that an individual has suffered harm, the individual must then demonstrate that the medical professional is at fault for the harm rendered the individual. Sometimes a medical procedure may not turn out as anticipated, but this may not be the doctor’s fault if he/she did the procedure correctly. It may simply be that the patient did not respond to the procedure. To prove causation, we use top expert witnesses to explain the procedure and what results were supposed to be achieved. The expert witnesses are also used to explain how the procedure was improperly performed by the medical professional, which led to the harm suffered by the patient.
When seeking damages in a medical malpractice claim, an individual can receive actual damages and punitive damages. Actual damages are for the cost of additional medical treatment, lost wages, loss of future earning potential and pain and suffering caused by the injury. Punitive damages are awarded if the individual can prove that harm was inflicted intentionally, willfully or recklessly resulting in harm. Please note that in recent years, individual states have limited the amount of damages in medical malpractice lawsuits. There may be a cap, or limit, on how much an individual can seek in non-economic, or punitive losses.
In order to maintain a medical malpractice case in Florida you are also required to present your claim in a shorter time frame than other legal matters.
If you suspect that you, a friend or loved one have been a victim of medical negligence, please do not hesitate fill out our Free Consultation Form