Medical Malpractice
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Medical Malpractice In North Miami Beach
Whenever you visit a hospital, urgent care facility, specialist, or primary care doctor to receive medical treatment, there is an accepted standard of care all healthcare professionals must follow. Medical malpractice is the failure of a healthcare provider to follow the accepted standard of care, and unfortunately, it’s a common occurrence. The failure to meet the standard of care, or otherwise stated – a healthcare provider’s negligence – can result in serious, potentially life-threatening injuries. When this occurs, the injured patient may be entitled to legal compensation. But before you seek damages from the negligent party, it’s critical that you hire an experienced North Miami Beach medical malpractice attorney to guide you through the legal process and ensure that you receive the compensation you deserve.
Common Types of Medical Malpractice
Doctors and other medical professionals are far from perfect and commonly make serious errors due to negligence. What is less known is how those medical malpractice errors can permanently affect patients in the short and long term. These victims are burdened with the physical and emotional consequences of their injuries caused by negligent doctors and nurses. Some of the most common types of medical malpractice include:
- Failure to diagnose: This happens when a doctor fails to accurately diagnose a condition for which a patient seeks treatment. The more time that passes between diagnosis and treatment, the more severe an affliction can become.
- Missed laboratory results: If a medical caregiver improperly reads test results, mixes them up with another patient’s, or fails to inform you of its findings, this qualifies as negligence.
- Surgical errors: This can range from a surgery performed on the wrong limb to improperly administered anesthesia.
- Unnecessary surgical procedures: If your doctor recommends an unnecessary operation that does not treat any of your health conditions, they may be found responsible for your injuries.
- Wrong medications: Should a healthcare provider prescribe you the wrong medication, the wrong dose, or a drug that interacts poorly with your medical history, this can be detrimental to your well-being.
- Insufficient aftercare: Aftercare and follow-up procedures are important aspects of the healing process. If a provider fails to give appropriate aftercare that worsens a health condition, they could be held responsible.
- Not taking accurate patient history: Taking a thorough and accurate patient history can inform a doctor’s recommended course of care. Failing to review and ask for patient history could put your health at risk.
Medical malpractice occurs very frequently in our hospitals. Many patients are injured because a doctor or other professional failed to follow the proper standard of care, which ultimately caused significant injuries to the patient. At Florida Legal, we frequently work with clients who have suffered from medical malpractice and understand how devastating it can be. If you’ve been injured or neglected by a healthcare provider, speak with our North Miami Beach medical malpractice attorney today.
Key Elements Of A Medical Malpractice Claim
In Florida, thousands of people are affected by medical malpractice every year. Hundreds of people also suffer from incidents of wrongful death medical mistakes that were completely unavoidable had the doctor followed the appropriate standard of care. The question that most people have is, how do I know if I have a valid medical malpractice claim? The fact of the matter is if you or a loved one did not recover from an illness is not enough to prove a healthcare worker was negligent. It’s recommended that you speak with a North Miami medical malpractice attorney to determine whether or not you have a case. To bring a successful medical malpractice claim, you will need to establish 4 elements:
- You had a healthcare provider
- The healthcare provider was negligent
- The healthcare provider’s negligence caused your injury
- You suffered damages
Proving Liability in a Florida Medical Malpractice Case
If you’ve been injured by a healthcare worker you may be able to obtain compensation by proving that the health provider’s negligence or error caused your injuries. However, it is critical to note that not all patient injuries constitute medical malpractice. To be sure, medical malpractice or medical negligence occurs when a healthcare provider fails to live up to the recognized standard of care. In Florida, the standard of care is measured in relation to other similar healthcare providers in the Miami area. Generally, to have a successful medical malpractice claim you must be able to prove the following to recover compensation.
- The Healthcare provider owed the plaintiff a duty of care
- Healthcare providers breached that duty of care
- The Healthcare provider’s breach of the duty of care caused the plaintiff’s injuries
In these cases, negligence and causation are the most disputed issues, and an expert witness makes a big difference. You must be able to prove this area true in any medical malpractice case. An expert is usually a former or current doctor who practices in the same specialty as the doctor you are suing. In these cases, a medical expert can offer an opinion about whether the defendant followed the acceptable standard of care, and whether this lack of care caused your injuries. At Florida Legal, we have established strong relationships with many expert witnesses and will be able to help you prove this portion of your claim.
Medical Malpractice Statistics
Medical malpractice claims are much more common than you may think, especially in major cities like North Miami Beach. Many patients are severely affected by the negligent actions of a doctor, nurse, or healthcare provider every day. Believe it or not, most patients affected by medical malpractice never pursue their cases and find justice. Luckily, help is available from a North Miami Beach medical malpractice lawyer that can help you throughout the legal process and claim compensation for harm caused by another.
- According to a study by Johns Hopkins University, more than 250,000 people in the U.S. die every year from medical errors and negligence. These deaths can stem from incorrect dosages to surgical errors, medical misdiagnosis, birth injury, and more. This makes medical malpractice the third-leading cause of death in the United States
- A recent study by the National Institutes of Health revealed that only 2% of those who suffer from medical malpractice ever file compensation claims. Even fewer ever receive compensation for their injury, failing health, or pain and suffering.
- According to NPDB data, the average payout for a medical malpractice claim from 2009-2018 was approximately $309,908.
- One statistic shows that 12,000 people per annum die from unnecessary surgery.
Contact A North Miami Beach Medical Malpractice Attorney Today
At Florida Legal, we make it our priority to protect the legal rights of the medically injured. We understand that a medical malpractice lawsuit cannot undo the harm caused by a medical mistake, but we are confident that our dedicated legal team can help you gain the ability to move forward after such a traumatic experience. If you or a loved one has sustained injuries due to the negligent care of a medical provider, contact our North Miami Beach medical malpractice attorney at Florida Legal today. We are prepared to fight for the compensation you deserve and help you get your life back. If you believe you or a loved one have been a victim of medical malpractice call us for a free evaluation of your claim.