When a patient who has endured a medical malpractice has no legal representation, they may have no chance at all at winning their case because there is an intricate element attached to every medical malpractice case. Many individuals may not understand why it is absolutely necessary to have a lawyer of medical malpractice in Hollywood represent the victim of the damage during these types of cases because they are unaware of the many complex fundamentals required and languages needed to be deciphered during the process. Medical malpractice affects millions every year. Health care providers are falling short of the standard of care that they should be providing to their patients.
The pursuance of a litigation for medical malpractice can come when medical negligence has been executed by a health care professional and it was found that another doctor in the same field would have acted differently given the same circumstance. Everyone owes another person a certain duty of care. The care that a health care practitioner owes to their patients is above that of the average person. Because the duty that they owe is so important, failing to provide that duty has allowed victims of that lack of duty to file a pertaining lawsuit. Hollywood attorneys of medical malpractice know how much pain and suffering a medical negligence can leave with victim/s with.
Compensation may be able to be given to these victims if all the fundamentals of the case have been proven by their attorney in Hollywood. When due care is not exercised by those practicing medicine, those who they were required to treat and care for, their patients, will be in the face of a tremendous danger.
What is the Process that my Hollywood Medical Malpractice Lawyer Must Go Through?
For a lawsuit to be triumphant, there is process before the lawsuit can be established. The team of attorneys for medical malpractice will help their clients through each and every stage of that process, including:
Investigatory Period: The circumstances surrounding the medical malpractice case will be investigated thoroughly by the victim’s attorney. The objective is to deem the health care professional negligent during their care or treatment with evidence. A number of things may be performed by the victim’s lawyer in Hollywood like evaluating notes, charts, medical records, and more that the hospital or physician have. In addition, the aid of medical expert might be used by the litigator during this phase to validate that negligence was present.
Claiming Process: A claim will be created that supports the allegations that have been made against the prospective defendant with the evidence that has been gathered during the investigatory period. The attorney will state the nature of the injuries, why the health care provider should be accountable for those injuries, and exactly how it is that they were negligence within the claim.
Negotiation: This is usually where the settlement will take place. The majority of cases will end here because an agreement will be made. If not, the case will proceed to trial.
Lawsuit Filing: An official lawsuit will be brought to the Florida court if no settlement is made. Typically, in order to prevent from going to trial, the plaintiff and defendant will try to continue to negotiate.
Litigation going to Trial: This is where the case will be displayed to the jury or judge. Both parties, the plaintiff, and the defendant will use any additional information or evidence that they have discovered and present it. A decision will be made whether the lawsuit does demonstrate negligence by the health care provider, and if it does, they will decide upon the amount to compensate the victim.
Medical malpractice is one of the more difficult areas of personal injury. It is a process that requires a skilled Hollywood medical malpractice attorney.
Medical Negligence by Health Care Providers in Hollywood, FL
Injuries can be endured by a patient due to the following medical negligences:
- Not taking steps to avoid premature delivery
- Anesthethic drug being administered in large doses
- Medical chart of patient not being properly read
- Expectant mother not receiving adequate testing
- Wrong spot where incision was performed
- Improperly using medications
- Medical condition’s symptoms and signs not being percevied
- Placing an organ in a patient that is not compatible with their blood type
- Severe complications not being treated
- Allergic reaction to a medical that was given to a patient
- Anesthethic drug being administered in small doses
- Informed consent not being obtained
- Body part being wrongfullt removed
- Fetal distress signs not being monitored
- Medical findings not being documented
- Not referring patient to specialist;
Numerous origins can be the caused for medical negligences. Perhaps the physician is inexperienced, or maybe the physician has failed to communicate information to their team. Regardless of the fact, it is important that high-quality care is provided to those who come in seeking of health care. The Medical Malpractice Hollywood firm of Percy Martinez handles the above cases and more.
What Amount of Monetary Compensation Can I Recover If I File Litigation?
No case is the same. The circumstances, injuries, facts, are all different for every case that is viewed by lawyers of medical malpractice. If any compensation is given, many elements will influence the amount that is awarded. Various factors are dependent on that amount a victim will receive, including:
- Degree of the negligence performed
- Degree of the injuries sustained
- Duration that the victim will be with the injury
- Damages endured
Along with the amount that the plaintiff will recover, they will be entitled to recover different damages depending on their case. They may be liable to recover for medical expenses, income loss, and more. For families of a wrongful death victim, they may recover for funeral costs, lost time at work, and more.
Hollywood, FL Medical Malpractice Statistics
While there are no unique statistics for the city of Hollywood, Florida has numerous statistics concerning medical malpractice. Some of those include:
- The average amount of medical malpractice lawsuits per 100,000 residents is 16.2
- Payouts for medical malpractice have been of about $248.9 million
- Florida has 11,654 payment reports for medical malpractice and 24,709 adverse action reports,
- Florida is a top 5 payout state
- 33% of claims were made for diagnosis
- 24% of claims were related to surgical procedure
- 18% of claims were related to treatment process
- 3% of claims were related to anesthesia mistakes
- 3% were related to monitoring issues
- 31% of victims suffered death
- 19% of victims suffered permanent injury
Questions Frequently Asked About Medical Malpractice
Question: Do I require a malpractice Hollywood lawyer?
Answer: If the victim wants a successful case, then yes. A lawyer is needed for cases involving medical negligence. Specific requirements and evidence are required to meet the elements of proving medical negligence.
Question: What damages can I recover for?
Answer: The recoverable damages depend on the case itself. The more damages endured, the more the victim will recover. Damages include non-calculable and calculable damages. Non-calculable damages include pain and suffering, loss of services, and loss of consortium, just to name a few. Calculable damages include expenses used to cover medical fees, wages lost, attorney’s fees, and more.
Question: What is the difference between medical negligence and medical malpractice?
Answer: In order for a medical malpractice to be established, there must have been a medical negligence. When the job functions are not followed through with the standard of care, that is medical negligence, while the resulting injury of the negligence is medical malpractice. Not every medical negligence will result in a malpractice.
Question: Which health care practitioner can be found responsible for the harms I endured?
Answer: A variety of professionals in the medical field can be guilty of medical malpractice. Because there are so many professionals and specialties in that field, so many individuals can be found accountable. Some of those professionals include:
- Lab technicians; and
Percy Martinez Firm in Hollywood, Florida Serving Victims of Medical Malpractice
The firm realizes that no amount of money that a victim and their families receive will ever take away the pain that they have experienced due to the medical malpractice they have undergone. Some medical negligence can be so severe that they take away a life, while others can leave the victim in a traumatic psychological state because it has left them permanently disabled. Despite all odds, lawyers in Hollywood at Percy Martinez malpractice firm fight to compensate their client’s everything they deserve, while providing them with their moral support. No one should go through this horrible experience alone.