As far back as history can date, people have always sought medical assistance whether it was to undergo a surgical procedure or for simply performing their annual checkup; individuals have had a history going to medical facilities and being seen by health care providers. With that, through the aid and assistance that these individuals have received, they have also fallen victims of medical negligence. Even though seeking the aid of a medical professional may bring the patient positive aspects, there is always a chance of becoming a medical malpractice victim. For the most part, health care practitioners attempt to perform their job with 100% skill, technique, and knowledge, but sometimes, they fall short, causing the patient to ensure injuries due to the lack of standard of care.
Anyone, anywhere, can become another statistic in medical malpractice, which is why learning of the various ways to prevent that from happening is essential. When a professional in medicine provides services to a patient that are not up to standards or through reckless actions, then the patient might have enough viable evidence to form a litigation for medical malpractice if they suffered injuries during that procedure or treatment. Because medicine is so broad, understanding the jargons, laws, and regulations associated with medical malpractice is an important asset to have. This will allow the prospective plaintiff to have more knowledge to be able to fight against the defendant/s. A lawyer in St. Petersburg medical malpractice firm can work day and night with their clients to ensure that everything necessary has been gathered. Because there are statutes of limitations intertwined with medical malpractice claims, waiting to file is not advised.
This is What a St. Petersburg Malpractice Attorney Will Provide You
In other words, when actions or inactions sum up to medical malpractice that signifies that that damage could have been prevented had the practitioner providing the health services was more caution and followed the standard of care more thoroughly. Proving that medical malpractice was indeed the cause of the injuries can be intricate to show without an experienced medical negligence lawyer from St. Petersburg because medical malpractice is filled with numerous laws, requirements, regulations, and more. These are just some actions that a litigator will provide their clients with:
Compile all documentations: To demonstrate that the treatment to care that was provided to the plaintiff was not up to standards, their attorneys will examine all documentations and evidence associated with the medical injury, including medical records, notes from the physician, written statements from any individual that was present during the malpractice, and any other detail involved with the case.
Medical expert cooperation: Since medicine terminology is only understood by those who study it, hiring a qualified medical expert is a must. A medical expert will be a huge asset to a medical malpractice lawsuit because they will be the ones who explain to the judge and jury exactly how it was that the plaintiff did not receive the standard of care that they should have. The judge and jury are more likely to side with someone who understands the field, rather than someone who has` no comprehension of it. It will give more credibility to the plaintiff’s` case.
Insurance company negotiations: Insurance companies for health care services facilities and professionals have a reputation to provide the victims` with a cash settlement offer that seems appealing and quick but it is only to deter the victim from filing a lawsuit. The malpractice attorney of the plaintiff will be able to determine whether the settlement that is being offered is an adequate amount of the damages they sustained. There may be numerous negotiations with the insurance company to raise their settlement offer and the attorney knows exactly how to obtain the maximum amount.
Trial preparations if necessary: If an acceptable offer is not met, the case will end up going to trial. The attorney will make all preparations necessary for the trial to achieve the best success rate possible.
St. Petersburg Occurrences in Medicine That Can Lead to Malpractice
A countless number of situations can take place that can lead to a malpractice case in the making. It can be one medical professional’s fault, or it can be numerous individuals. What is certain is that every case of medical negligence is unique. In further detail, here are some:
Misreading of Analysis results: A patient can have their medical condition improperly diagnosed when the medical provider does not interpret the results properly. They might be told that they are healthy and have no medical conditions to worry about when in fact they require treatment. Assurance that X-rays, blood work, or other tests are properly read must take place to ensure that the patient is provided with adequate information. If the doctor is unsure, they should always ask the opinion of another medical professional.
Negligence Postoperative: After a surgery has concluded, physicians are required to follow-up with their patients and provide them with the necessary information to ensure that they are properly cared for. If a surgeon fails to provide the patient and nurse with the information needed to properly care for them to ensure maximum recovery, the patient can suffer injuries like infections that may be life-threatening.
Lack of medical history examination: Before proceeding with the treatment or care of a patient, examining the most important key in a patient, their medical history, is crucial. Their history can tell the physician many things that can prevent them from falling victims of a medical malpractice. For example, in their history, there may be known medication allergies that will give the physician the information on which medications the patient can or cannot take.
Medical malpractice is not limited to one occurrence, it can be present in various situations, including:
- Dentistry malpractice
- Performing pointless tests
- Emergency room negligence
- Diagnostics negligence
- Negligence during the birth of an infant
- Negligence with prescriptions
- Chiropractor negligence
- Psychiatrist negligence; and
Numbers and Realities Associated with Medical Malpractice
- In 2015, there were 71,024 licensed physicians in the state of Florida
- The win rate for personal injury cases is about 59%, whereas, for malpractice cases, that number falls to 23%
- Before going to trial, 93% of medical malpractice claims will be resolved through a settlement
- Every 43 minutes, there is one payout for medical malpractice
- More than $3 billion was spent on medical malpractice payouts in 2012
- Medical malpractice is found to be the third highest cause of death for Americans
- Obstetricians are one of the most sued medical professionals
- 34% of malpractice claims are for diagnostic negligence in 2017
- 24% of malpractice claims are for surgical procedures in 2017
- 18% of malpractice claims are for treatment in 2017
Answers to Frequently Asked Questions About Medical Malpractice
Question: Is there a reason that medical malpractice takes place?
Answer: There is not just one reason, there can be numerous reasons why medical malpractice occurs. Some origins for malpractice have been linked to the following:
- Inexperienced medical professional
- Not effectively communicating with team members
- Failing to order sufficient tests
- Fatigued health professional
- Health care professional operating under the influence of drugs; and
Question: How can I show that medical negligence was present during my injury?
Answer: The only way to demonstrate that medical negligence by a health care practitioner was the cause of a patient’s injuries is through the assistance of medical experts and an attorney that emphasizes on medical malpractice occurrences. Without any of these two professionals, proving that the injuries acquired were the result of a medical negligence would be extremely difficult, and most likely will not be successful.
Question: Can punitive damages be awarded during my malpractice litigation?
Answer: It can be if the actions of the medical professional that caused the injuries were deemed to have been extremely reckless and out-of-conduct. To punish the health care provider, the jury will award punitive damages.
Fight For Your Rights Alongside a Skilled Attorney at Percy Martinez’s Firm
A sure fact is that any patient that suffers at the hands of a health care professional has a legal right to pursue a litigation for medical malpractice against the individual or facility that was negligent during the time that they were receiving medical aid. As mentioned before, medical malpractice can occur to anyone or anywhere within the medical field. A negligence by one of these professionals can even cost the life of the patient, as statistics show. Medical negligence occurs frequently. Speaking with experienced lawyers in St. Petersburg that are focused on medical malpractice claims at Percy Martinez Law Firm is the first stage that the victim should proceed with after seeking medical treatment and repairing the damage that has been done.