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Medical Malpractice & Negligence Lawyers

We trust doctors and medical professions to have our best interests at heart. Sadly, this will not always be the case. Being injured while in medical care can be a highly stressful experience. Often, it can cause serious psychological issues, including anxiety or depression. Let’s take a closer look at what you need to know about hiring a medical malpractice lawyer.

What Is Medical Negligence?

Medical negligence occurs when a doctor, or other medical professionals, doesn’t give you the care that you need. It might also occur when a treatment or procedure isn’t done properly. This can often result in serious damage to patients. There are many ways that medical negligence might occur, let’s look at a few examples.

Let’s assume that you went to your doctor for a check-up, concerned about heart pains. They gave you a quick examination and informed that you were perfectly healthy, and the pain would pass. A few days later, you had a stroke because of a pre-existing heart condition. In this case, it would be classed as medical negligence. If the doctor had done a thorough examination, they would have spotted the condition and could have warned you. In other cases, patients might receive a misdiagnosis.

Another example might be someone who gets prescribed the wrong medication. This might be wholly ineffective at treating their condition. At other times, it will make the condition even worse, or lead to dangerous side effects. It’s also possible that you might go to a doctor to have a medical product installed. However, they might fail to check it properly, putting in a defective product. Or, they might install it incorrectly.

In other cases, medical negligence can be caused during a surgical operation. For example, the doctors might cut in the wrong place, or complications might occur during the operation. It’s also possible that there was an issue with the anesthesia that was provided. This can also extend to any complications that occur during birth, potentially including stillbirths.

How Common Is Medical Negligence?

As you can see, there are a lot of potential times where medical negligence could occur. However, many people are not aware of how common it is. In 2012, there was around $3 billion paid out in medical complication claims. Alarmingly, this equates to about one claim every 43 minutes. The number of medical errors is likely even higher, as some people will not take any legal action.

Sadly, medical malpractice and medical negligence can have serious consequences. In some cases, patients might be left permanently scarred. At other times, they could be left with a mental health condition, like depression or anxiety. Even more alarming is the number of deaths that occur from medical negligence each year. In the United States, it is estimated that 250,000 people die as a result of medical errors. Some people claim that this figure could even be as high as 440,000 people per year. This makes medical negligence the third most common cause of death in the country.

Why Does Medical Malpractice Occur?

There are many reasons why medical negligence might occur. For example, sometimes the hospital or medical facility might make their staff work long shifts. As a result, they might be tired. This can make them more likely to make mistakes or miss some potentially important information. At other times, the issue might be caused by a communication issue. The doctor might have received the wrong file or been given faulty information. In some cases, the staff might have been distracted. If you decide to press charges, the medical malpractice lawyer will be able to dig deeper into your case and why the error occurred.

How Can You Prove Medical Negligence?

To prove medical negligence, you will need to hire a skilled medical malpractice lawyer. They will be able to dig into the circumstances at the time of the error, finding out what caused it. They will also look at your medical records. This will help them get a clearer picture of whether you have a strong case. In order to win, you’ll need to prove four elements.

First, you’ll need to show that the doctor owed you a duty of care. This is often fairly simple to do. Typically, if you are in their care, they need to take responsibility for you. In this case, the circumstances under which you were admitted and whether the doctor agreed to treat you are crucial.

Next, your lawyer will need to show that there was a breach of the duty of care. In this case, proving that the medical staff made an error. This can be done by referring to hospital policy or accepted medical practice. Third, they will need to show that your injuries were caused by the breach of duty of care. They might request that you visit an independent medical professional to examine you. They will then be able to testify that your injuries were caused by medical negligence.

Finally, your lawyer needs to prove that there were damages. This can be physical. For example, you might receive scarring, or an existing medical condition might have been made worse. It is also possible that you may have some psychological damages. This can include mental health conditions like depression, anxiety, or PTSD.

What Damages Can You Claim For?

Once your medical malpractice attorney can prove that medical negligence occurred, you will be able to start thinking about what type of damages you want to claim for. There will be a few areas that you might want to consider. First, what type of physical injuries did you receive. If you needed to pay for any surgeries, hospital stays, or medications, keep the receipts. You might be able to claim for these later. Any special equipment, like walking canes or breathing devices, might be added to your claim.

Your lawyer will also be able to claim for pain and suffering. This can include any mental health conditions that developed, or were made worse because of your experience. In other cases, you might have needed to miss work or have been fired from your job. If you were left disfigured because of the surgery, you might be able to add this to your claim. When you choose a skilled medical malpractice attorney, they will be able to get the maximum amount of compensation.

How Is A Medical Malpractice Case Settled?

Usually, your cases will be settled outside of court. Many medical institutions want to avoid these types of cases going to court. It can give their facility a bad name and will be very expensive to defend. Usually, the lawyers will meet and privately mediate a suitable settlement.

However, if the private mediation process fails, the case can go to court. This will allow a judge and jury to determine the result. If you win, the jury will decide how much money you receive. Though this is more expensive and complex, a good lawyer should be prepared to take the matter to the courtroom. At The Injury Firm, we are committed to doing whatever it takes to make sure that our clients get the compensation they deserve.

Contact The Injury Firm

If you have been affected by medical malpractice, you can take action. At The Injury Firm, we pride ourselves on fighting for our clients. We will get you the compensation that you deserve. If you want to discuss your case, and find out more about your legal options, give our friendly team a call and book your free case evaluation today: 954-951-0000.

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Fort Lauderdale

1608 East Commercial Blvd.
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

Toll-free: 833-332-1333
Click Here To Send Email

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500 South Australian Ave.
Suite 600
West Palm Beach, Florida 33401
(by appointment)

Toll-free: 833-332-1333
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71 Commercial Street #40
Merchantile Building
Boston, MA 02109
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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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