Florida is amongst the top five states for medical malpractice occurrences. Patients are constantly being injured when they should be recovering from their injuries or medical conditions. Medical providers have to undergo a certain education and training in order to ensure that the best care is being given to every patient that seeks medical aid. Despite the many phases that these professionals must undergo before being able to practice medicine, they are still able to perform medical negligence. In fact, medical negligence is the third origin as to why Americans are being killed every year. When lives are placed in the hands of medical professionals such as, physicians, nurses, anesthesiologists, and more, the care and treatment that is expected should fall above the standard of care.
Patients should not have to fear for their lives when they go to seek medical assistance. In fact, many people deter from going to seek treatment because they do not trust medical professionals and are scared that they will do them more harm than good. With the many deaths and catastrophic injuries that occur to patients, feeling this way is understandable. Health care providers must do everything in their power to prevent medical negligence from taking place. A number of safety measures and rules should be applied to reduce the number of individuals seeking medical aid falling victims of malpractice. If it were to occur, a professional lawyer in Aventura for medical malpractice can strive to hold them accountable for their actions. Because so many damages can come to someone who endures a medical negligence derived injury, it is essential that they recover for these damages with a lawsuit.
Why Can’t I Just Hire Any Personal Injury Lawyer?
The importance of hiring a lawyer that specializes in medical malpractice in Aventura is the key asset to a case that is successful or not. An individual who becomes a victim of malpractice cannot just hire any attorney that practices personal injury. Only a lawyer that is qualified and practiced in the area of medical malpractice can handle the case. Medical malpractice is not an easy subject to comprehend. The notion of medical malpractice is hardly understood by those who are not familiar with medicine. These are some reasons why it is crucial to obtain a medical malpractice skilled attorney:
- They will understand medicine
- They will be able to examine intricate medical records
- They will be able to consult with the appropriate experts
- They will know exactly which questions to ask
- They will be able to explain to their clients the intricate jargons of malpractice
- They will be able to anticipate the tricks and tactics that the defense will play; and
Understanding why it is vital to hire a lawyer of medical malpractice is something that should be taken into account. Do not just hire anyone if you want a successful result. Lawyers will do a number of things for their clients, but in addition to all of the things that will be done by a lawyer, a malpractice attorney always has a few extra steps to take. Here are some things that clients will expect from their attorneys:
- With all the information given to the attorney, they will be able to establish a claim
- Additional evidence will be compiled to support the claim
- Those that are liable will be determined
- An understanding of the victim’s options and legal rights will be provided
- Lawyer will handle the rules and technical procedures that the state or court requires
The lawyers aptitude is what will prove the casual connection amid the defendant’s negligent action and the plaintiff’s injury, even though the plaintiff may have all the evidence and facts in their favor.
Medical Negligence Can Present Itself in Various Circumstances
Different scenearions can make malpractice derive from medical negligence. Learning how these medical negligences can take place and where they can occur is essential for a patient seeking medical care. One can never be too safe. One has to participate in their own medical care and prevent themselves from becoming victims of medical malpractice. These are some typical scenarios and negligence’s where medical malpractice can develop:
Negligence during the administration of anesthetic medication: Damages that come from anesthesia administration can be catastrophic and even deadly. Anesthetic drugs are extremely powerful and serve the purpose to numb the patient from feeling any pain. When used incorrectly, the anesthesiologist can be found liable. Here are some negligence’s that can be done during the administration of an anesthetic drug:
- Patient having an allergic reaction to the drug because their medical chart was not examined beforehand
- Patient not being properly intubated during their sedation and suffering oxygen deprivation
- Patient receiving a large dose of the drug causing them to suffer cardiac arrest; and more
Negligence during the diagnostic phase of a patient: When a patient is being diagnosed with a condition or injury, they might not receive the correct diagnosis. There can be a delay in their diagnosis, they might not receive the proper diagnosis, or they might not be diagnosed at all with anything. Any of these three medical negligence’s can cause the patient to endure a significant amount of damages because the condition that they have will not receive the treatment that it needs. Some reasons why negligence is done during the diagnostic of a patient include:
- Ignoring the patient
- Failing to notice the symptoms
- Not taking the necessary step to evaluate the patients’ medical chart
- Ordering the incorrect test for the patient to take
Negligence with a medical device: Either the medical device was improperly used by the medical professional or the medical device came defective. In these cases, it could be the manufacturing company or the health care provider that is found liable.
Negligence in the field of medicine can occur in many different ways. There are no limits to the number of medical negligence’s that can be seen by a medical professional. Health care providers need to take action, along with health care facilities to ensure that the patients that come to them are being given the care and treatment that they deserve. In addition, the patient has to take measures into their own hands and have an active role during their treatment. The key is to researching and asking as many questions as possible.
Medical Malpractice Answers to the Questions That Are Asked the Most (FAQS)
Question: How can someone determine that they have become a victim of medical negligence?
Answer: One can assume and suspect many things, but actually proving that they were a victim of medical negligence is not so easy. There are a number of steps, rules, and laws linked with medical malpractice. An investigation by a qualified medical malpractice Aventura attorney will be conducted in order to determine medical negligence in the victim. From there, they will examine all facts associated with the patient’s case and determine whether medical negligence took place or not.
Question: Is there a time frame as to when I can file my claim for malpractice?
Answer: Yes. There is a time frame for all types of personal injury cases, including medical malpractice. This is referred to as the legal term of “statute of limitations”.
Question: What if I suspect that I was provided negligent care?
Answer: If an individual believes that they were provided negligent care and suffered an injury as a result, they should seek the professional legal counsel of an attorney for Medical malpractice. Only then will they be able to prove that incompetent care was provided to them. It is not about just saying that negligent care was given, it is about proving that such statement occurred.
Question: How is medical malpractice determined?
Answer: Medical malpractice is determined through the use of elements needed in malpractice cases. Patients must have first had a relationship with the health care provider, then the health care provider must have acted negligently, following the negligence, the patient must have suffered damages from it.
Percy Martinez Law Firm Working Hard to Determine Accountability
Establishing accountability of the negligent health care providers will be done with the hard working attorneys at Percy Martinez Law firm in Aventura for medical malpractice. Because patients can endure extensive damages from a medical malpractice, the firm does not rest until an acceptable settlement offer, or if necessary, a successful trial has taken place. The firm wants their clients to understand that nothing is more important to them than returning the damages and the lost hope that their client has obtained.