When mistakes occur, people may get injured, and even endure such a grave injury that it results in their death. A mistake during any circumstance like while operating a vehicle, and even manufacturing a product, can be the destruction of many peoples lives. It is no different for any error that is committed in a health care facility or by a professional who practices medicine. In fact, individuals who practice medicine and commit mistakes during their job duties are the cause for thousands of deaths every year throughout the United States.
When negligence is committed by an individual or entity of the medical world which results in the injury or death of a patient, this is coined as ‘Medical Malpractice’. The damages that can come from such occurrences can become a grave burden for the victim and their families. It is a situation that will never be forgotten by those involved in the incident. Malpractices can range from a single mix-up of a patients medical chart, to prescribing a patient with the incorrect medicine, among others. Jacksonville medical malpractice attorneys have seen the numerous medical malpractice situations that have left thousands of individuals without the ability to enjoy life due to the damages that derived from such mistake.
While the victim and their family cannot undo the damage that has been done, they can take action and seek compensation for the wrongful act that has been committed to them. Lawyers who specialize in the area of medical malpractice in Jacksonville, FL understand the pain and suffering that these errors performed by those medical professionals and facilities that are entrusted can leave the victims with. Many people may be surprised to learn that mistakes in the area of medicine happen quite often. In fact, medical malpractice is among the top deaths in America.
Taking action and filing a lawsuit with the Jacksonville medical malpractice attorneys from Percy Martinez Law Firm can serve the purpose of receiving money as an award for the damages that the healthcare professional or facility committed.
Attorney for Medical Malpractice Can Assist the Victims in Jacksonville, FL
Those who become victims of such devastating circumstances may have many questions in mind, especially if they will need a lawyer and how will that attorney help them? Not only is a lawyer required for these types of cases, but it is absolutely recommended by everyone within the legal field for a victim of a medical malpractice to get in touch with an attorney that practices the area of mistakes in the medical field. The reasons for that include:
- Determining whether there is reasonable cause to establish the claim by reviewing related information such as the medical reports
- Acquiring the help of medical experts to support the claim with the collection of additional evidence
- Approximate the amount of compensation that can be provided to their client
- Establishing on who the liability for the injury will fall on
- Providing a great understanding of the medical terminology and the options available to proceed forward
This is just a fraction of what a Jacksonville lawyer for medical malpractice will do for their clients. Cases of malpractice are not easy to go by and even less to understand.
How Malpractice in the Medical Field is Proven by the Lawyer
Not only is the concept of medical malpractice difficult to comprehend, proving that such error occurred is even more complex. Below will be listed the main elements needed to be proven in a case involving a mistake of the healthcare field:
- Establishing that a standard of care must have been exercised by the medical professional because it was their legal obligation towards the patient.
- Demonstrating that the standard of care noted above was not met by the medical professional in question.
- Showing that compensation is worth to be given for the injury that was sustained by the victim.
- Attesting that the medical professional’s lack of standard of care is what caused the damages suffered.
Elements two and four are the most difficult to establish. These elements require the most work in order to effectively prove. Jacksonville Percy Martinez Law Firm errors in the medical field work alongside qualified medical experts to ensure that the injury that was endured by their clients is shown to have come from the negligence that was performed by the medical professional or facility.
Number of Forms That Malpractice Can Occur
While mistakes in the medical world can occur in various ways, there are some errors in medicine that happen more often than others. Those include:
Mistakes While Administering Anesthesia
An anesthesiologist requires a wide range of study and training to be able to effectively perform their job duties. Anesthetist malpractice committed by these medical professionals can surface in various ways. Not only can it happen during the administration of the drug, but it can happen before it has even been given and after it has been administered. Some examples include not properly reaching the patient’s chart to ensure that they are not allergic to anything, not delivering the proper dosage, and not being observant of the patient’s vital signs while they are under the effects of this drug, just to name a few.
Mistakes During an Emergency Room Setting
Everyone is aware of the high-stress levels that are present in an Emergency Room Setting. While professionals who work here are trained and qualified to handle these types of cases, human error is greater when there is a high level of stress. It is a fast-paced environment that requires meticulous work, which sometimes cannot be provided by these professionals who are still required to adhere to the standard of care.
Mistakes with Medical Equipment
Malpractice with medical equipment can surface in two ways: either the device was improperly used by the medical professional or the manufacturing of the product was not done accordingly. A lawsuit can be filed for whichever mistake was performed. The lawsuits can be product liability or medical malpractice.
Mistakes while Diagnosing a Condition
Shockingly, misdiagnosis and failure to diagnose occur more than they should. Patients sometimes are not told of a condition that they may have or are told that they have a condition that they do not even have. These errors can happen for a number of reasons including dismissing symptoms, not ordering proper tests, and failing to analyze the patient’s medical chart.
Damages Available in the State of Florida for Lawsuits Involving Medical Malpractice
Damages are what is given to the victim who endured an injury in the form of monetary gain to pay for all the expenses they endured from the medical negligence. Recoverable damages include specific and general damages, and in severe case, punitive damages. Based on the injury that is sustained, Florida has caps on the general damages that a victim can be compensated for. Listed below is the information of the most common forms of damages awarded:
Pain and suffering: Pain and suffering is the mental and physical pain that was endured by the victim due to the injury. This is known as a general damage. The amount compensated for this damage is subjected to the jury and judge. It is not calculable.
Loss of services: If the surviving member of a deceased victim relied upon the victim for services, the costs for those services can be awarded to the surviving member of the deceased person.
Funeral/Medical costs: Whether it is a wrongful death or an injury endured by the negligent actions of the medical professional in question, costs associated with the burial or funeral and medical fees related to the death or injury can be awarded.
There are numerous damages that can be awarded to a victim and the surviving members of the victim for a medical malpractice.
Get in Touch With Our Jacksonville Firm
Whether it is the victim of an injury through a medical negligence or the surviving members of a victim who died a wrongful death because of the error, the team of qualified Jacksonville medical malpractice attorneys are available and ready to provide their full assistance and care to those who come and seek their help. They will make the entities or individuals who caused their clients to suffer the injury pay for their reckless or negligent conduct. Percy Martinez and his firm dedicate their time and attention to ensure that their clients are handled with respect, compassion, and professional mannerism.
No damage that is done should go unpunished. Victims of a medical malpractice need to seek the aid and guidance of a medical malpractice attorney in Jacksonville, FL who handles cases involving medical mistakes during practice. The utmost care and treatment should be given to each and every patient, no matter how much stress the medical professional might be experiencing.
Related Medical Malpractice Topics
- Tail Coverage: Medical Malpractice
- Pain and Suffering: Medical Malpractice
- Negligence V.S Malpractice
- Florida Medical Malpractice Statues
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Percy Martinez – Medical Malpractice Lawyers
301 W. Bay Street, Suite 14168, Jacksonville, FL 32202