It was just a routine procedure they claimed. Now, the patient who underwent that “routine procedure” is fighting for their life. Something, somewhere, someone performed a medical negligence during this procedure that has been done millions of times. The patient is suffering and piling on the hospital bills that are being given for the reparations that are being done to combat the medical negligence that took place. Is that fair? Should the patient have to pay for a medical negligence that was committed by a professional in medicine that should not have made it in the first place? Definitely not! This is why when medical negligence amounts to malpractice, the victims of such occurrence have the right to pursue their rights as a victim of medical malpractice and fight to recover for the damage that they have had to endure because of the medical negligence that the “professional” committed.
While most health care providers are professional and perform their job duties as they should, many do not. In fact, it has been found that medical negligence is ranked as one of the main causes of deaths of Americans across the United States. Negligence’s keep occurring, and patients keep dying and enduring injuries as a result. Attorneys for medical malpractice in Miami Lakes are dumbfounded when they hear of the many incidents that patients go through while they are being treated or cared for, and more shocking is how it could have been entirely avoided. For this reason, the firm has dedicated themselves in specializing with medical malpractice cases to assist these victims during this extremely difficult time in their lives. When a person visits a doctor or a hospital, they are placing their trust, and sometimes their lives in their hands. The life of a person should be cherished, which is by health care professionals must try to prevent medical negligence’s from taking place.
How a Malpractice Lawyer in Miami Lakes Will Help: Elements That Must Be Demonstrated
Before a case of malpractice can be established, the patient has to demonstrate a number of elements that will make it possible for them to file a claim that will not be rejected. An attorney at the Miami Lakes medical malpractice firm can help their client establish the necessary evidence to demonstrate the required elements needed for medical malpractice cases. Those elements include:
- Showing how the patient and defendant had a relationship
- Showing how the responsibility that the defendant had with the patient was violated
- Showing how the violation of the care caused the patient to endure the injury they now have
- Showing how the injuries that the patient now has caused them damages(non-economic or economic)
Because many of these elements may be difficult to show, the assistance of a legal counsel of medical malpractice will be required.
Everyone Says “Medical Malpractice”, But What Defines It?
When a healthcare provider has established a relationship with a patient and has either cared for them or treated them, but during this phase, they did not perform their job functions as they should and the patient got injured as a result, this would be termed as medical malpractice. When the standard of care is not followed, the patient will more than likely experience a medical negligence. There are a variety of occurrences during the moment a patient initially visits a medical professional and leaves that a medical malpractice can take place. These following negligences have been recognized as severe:
- Misdiagnosing/Not Diagnosing/ Delaying Diagnosis: Any of these three medical negligences can create an immense burden on the patient. They might have a health condition that requires treatment to be administered immediately or they may be told that they have a condition of which they do not have. Because any of these negligences can influence the treatment that a patient receives, it is crucial that medical professionals take caution to avoid problems with diagnosing a patient. It is important that symptoms do not get disregarded and that the physician orders all necessary tests to rule out all possible conditions.
- Anesthetic Medication Negligence: For almost every medical procedure, anesthesia will be required to numb the pain. Sometimes, anesthesiologists commit medical negligences that can leave a patient disabled or even dead. Because that one split second can change the life of a patient forever, anesthesiologists must execute their job according to the standard of care. If the patient is injected with too much of a dose, too little, or even the wrong anesthetic drug, the consequences can be enough to file a litigation against the anesthesiologist.
- Operation Procedure Malpractice: Operations are performed in the millions every day. Surgeries will vary from case to case, depending on what the patient needs to improve their overall health. There are a number of surgeons specialized for certain areas in the medical field that require extensive training. One known fact is that operations already have risks linked to them, but when medical negligence is committed by the surgeon, those risks are doubled and even multiplied. Operation negligences that tend to occur include: surgical instrument being left inside of the patient’s body, the wrong surgical procedure being performed on the patient, damage to other organs of the patient, miscommunication of surgical team, and more.
- Negligence During the Birth of an Infant: Birth malpractice happens quite often. Physicians in charge of delivering a new life to the world are performing medical negligence. Not only does an expectant mother need to be cared for during her delivery, but she must be monitored during her entire pregnancy to rule out any complications that might interfere with a healthy
Medical Negligence Numbers in Florida
- In 2003, the state of Florida accounted for 9.52%(1,351) of all medical malpractice claims that were filed in the U.S
- Out of the 1,351 claims that were filed, 112 of them were made against dentists
- An average of $315,373 was paid for all of those claims
- Between the year 2006 and 2016, there were 38,130 medical malpractice reports filed; making Florida the third states with the most claims filed
Medical Malpractice Questions and Answers
Question: What does the statute of limitations refer to with respect to medical malpractice?
Answer: Every personal injury case has a statute of limitations associated with it. In addition, every state has a different time frame that they have established for these specific personal injury cases. Medical malpractice has its statute of limitations that limit the amount of time that the patient has to file a claim after they have endured the medical negligence. Learning the exact specifications should be uncovered with a knowledgeable Miami Lakes malpractice attorney.
Question: Can I recover for damages that I have endured because of a medical professional mistake?
Answer: Yes. This is why medical malpractice lawsuits were created. To allow the victim to recover for the harm they have endured by a negligent health care provider. Depending on how severe the damage is and how it was caused, the jury and judge will decide upon the amount the victim will receive for general damages, but the specific damages will be calculated as is. Also, if the negligence was extremely out of conduct, the judge might award punitive damages.
Question: How fast should a medical malpractice lawyer be contacted?
Answer: While the injury may limit the victim in seeking legal counsel, the quicker an attorney is contacted, the faster the victim will be able to commence a litigation for medical malpractice. Remember, the statute of limitations applies to medical malpractice cases. Ensuring that this limit is not exceeded could be prevented by taking swift action.
Question: How will I know that my medical malpractice case is valid?
Answer: For the most part, the only way to determine that the victim has a valid claim for medical malpractice is by conducting all necessary investigations, interviews, and hiring a qualified medical expert. A person cannot just simply state that they have suffered a medical negligence, they must prove it.
Miami Lakes Medical Professionals Can Be Negligent
It is always great to remain positive, but always exercising caution. Going to a hospital or medical professional may be what saves the life of a person, but it can also be what makes their situation worse if medical negligence takes place. The Firm of Percy Martinez of medical malpractice lawyers in Miami Lakes has devoted their education and skill for victims who have endured pain and suffering due to a neglectful health care provider. The firm believes that no one who is already in a bad state of health should have to worry about becoming a victim of medical malpractice, and if they do, they should know that the firm is here to assist them with anything they can, including moral support.