When you visit a licensed medical professional, you have every right to expect that this professional will take the appropriate precautions and courses of action to avoid any unnecessary harm done to you. Unfortunately, this is not always the way that it works out. If you have suffered from avoidable injuries because of the negligence or malpractice of a medical professional or facility, then you may be eligible to seek compensation from the responsible parties in the form of a medical malpractice lawsuit or claim. These types of claims can be very complicated, and there are a variety of restrictions placed on these types of personal injury lawsuits by the state of Florida.
1-800-Injured gives victims access to a network of proven, experienced personal injury lawyers who are ready to take their cases as soon as possible. Finding an attorney can be an extremely stressful process for someone to go through, especially as they are first trying to make sense of their injuries and how they can move forward from this unfortunate situation. This is why using a referral network like the one that we offer is such a great option. Once you are connected with one of our seasoned attorneys, you can focus on the next steps towards getting the money that you rightfully deserve for your suffering.
Read more below to get a better idea of what medical malpractice is, how it is handled in civil courts and through settlements, and how an attorney may be able to help you with your own case. The sooner you begin working with a lawyer, the sooner you will have some clarity on your options and long-term possibilities for justice. Contact us now to be connected with an aggressive medical malpractice attorney in Fort Lauderdale today.
What Is Medical Malpractice?
Understanding what medical malpractice actually entails is a great place to start if you are trying to determine whether or not you or a loved one are victims of this type of personal injury. Simply put, medical malpractice happens when a doctor, hospital, or other licensed healthcare professional acts negligently (through either act or omission) and causes an injury to a patient.
Are You a Victim of Medical Malpractice?
This general definition can still cause some uncertainty, so to further clarify, medical malpractice must have a few certain characteristics present:
- The healthcare professional failed to meet their standard of care: The standard practices and accepted medical treatments that a patient can expect that they will receive from the professional. The first step towards determining medical malpractice is to clarify whether or not the healthcare professional failed to act on this standard of care.
- The failure to uphold the standard of care caused an injury: If a medical professional fails to uphold their standard of care and the patient suffers from an injury as a result of it, then this is the next step towards determining whether or not medical malpractice occurred. If there are no injuries, then there is no legal basis to seek compensation from the doctor or healthcare professional.
- The injury caused measurable damages: Finally, we will examine the injuries suffered in order to understand the measurable damages that they incurred as a result. These measurable damages are what you will pursue through a medical malpractice claim or lawsuit with your lawyer.
If your situation has these characteristics, or if you are uncertain about how to answer these questions, then contact us as soon as possible to get the clarity that you need.
When Do You Need a Medical Malpractice Lawyer?
If you have been injured as a result of a doctor or other medical professional’s failure to uphold their standard of care, then you may be able to seek compensation, either directly from the organization or through their malpractice insurance. Regardless of the channels that you will seek compensation through, working with an attorney is the most important step to take in order to maximize your chances of success while minimizing the stress that you need to take on yourself.
Many people believe that there is no need to hire an attorney while dealing with an insurance claim, but this is far from the truth. From the moment you make contact with an insurance company, their legal team and claims adjusters are examining all possible ways to reduce your final settlement amount. By partnering with an attorney before you even initiate your claim, you are sending a signal to the insurance company that you know your rights, and more importantly, you are able to take each step with the guidance of a seasoned legal professional who is prioritizing your needs.
Common Medical Malpractice Cases
As you can imagine by the basic characteristics of a medical malpractice case, the specific situations that can qualify as such come in a wide range of forms. However, the following are some of the most common situations that Fort Lauderdale medical malpractice lawyers represent.
Failure to Diagnose / Misdiagnosis
According to a study by Mayo Clinic, “researchers found that only 12 percent were correctly diagnosed by their primary care providers. More than 20 percent had been misdiagnosed, while 66 percent required some changes to their initial diagnoses.” Not only does this indicate the importance of a second opinion, but it also shows how alarmingly common these types of situations can happen. If left uncorrected, this misdiagnosis can lead to a worsening condition that will have serious negative impacts, including death.
Errors in Prescribing
Any time a doctor writes a prescription, it is important that they are aware of all other medications their patient is taking, any allergies or health risks that they may encounter, and ultimately determine whether or not it is the appropriate prescription for them to take. Different drugs can have dangerous interactions with each other, which is just one of the important reasons that your doctor is certain of the risks and informs you of what to expect when you begin (or end) a prescription.
Surgical Errors
When someone goes in for surgery, they are understandably nervous for a range of reasons, but accidentally getting the wrong surgery or being the victim of an error should never be one of them. Unfortunately, there is an alarming number of surgical mix-up and error cases each year in the United States. If you or a loved one are injured in one of these errors, then you deserve to be compensated for this major issue.