Accident Lawyers Fort Lauderdale

medical malpractice


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Doctors, nurses, and most medical professionals are paid very well, as they should be. They also are held in high regard. Given their extensive training, they are attached to a very high standard. When a hospital, medical facility, doctor, physician, surgeon, nurse practitioner, anesthesiologist, radiologist, dentist, nurse, hygienist, or any other medical professional makes a mistake, a negligent error, they should and need to be held accountable.
You don’t deserve to suffer physically, emotionally, or financially due to the damage that they may have caused. Accordingly, if you have experienced a severe personal injury, illness, or a loved one of yours has passed away due to the error of a medical professional – don’t hesitate to call and set up your free consultation and case evaluation today. Reach out and Let Jay Help. We’re more than willing to work with you and your schedule – as it’s your case, on your terms. Are you still recovering, hospitalized, or homebound?

What exactly is Medical Malpractice?

You may find yourself wondering – what exactly is Medical Malpractice?

Medical malpractice is when a doctor, medical professional, hospital, or medical facility causes undue harm or injury to a patient under their care due to their negligence or wrong-doing.

In the year 2000, The United States Institute of Medicine published a report that each year between 44,000 and 100,000 deaths occur due to medical malpractice. Upwards of one million injuries occurred due to medical negligence. In 2006 a follow-up study conducted by The Institute of Medicine determined that medical malpractice harms a million and a half annually. Not every mistake causes great harm, and some cause temporary discomfort and related problems. Others require corrective procedures. Some negligence creates very significant injuries and death.

There are numerous considerations and burdens of proof that to successfully prevail due to alleged Medical Malpractice. The most apparent charge is to prove the specific negligence of the doctor or medical professional and that it caused damage. What follows is a cursory summary of issues that will likely be addressed by a jury.

For your medical malpractice claim to be deemed valid in a court of law, you must prove the following

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A Medical Standard of Care Violation

Generally, medical professionals are expected to adhere to a certain standard of care – as the standard of care that is to be of adequate or satisfactory care. These are the set of rules of care. As a patient, you have the right to expect that you will receive nothing less than the set standards of care. A patient shouldn’t have to worry that they will not receive quality care. They are already often worried about health issues and need to have confidence that the care they receive will meet specific standards. When medical standards of care aren’t satisfied, causing damages, the patient may consider filing a claim. It is costly, in most cases, to prove deviation from accepted standards of care. Medical experts testify to the medical standard of care received and how the patient ultimately suffered. These professionals are often from other jurisdictions, although some are more local to the claim.

harm as A Direct Result of Negligence

A medical malpractice lawsuit only holds merit when proven that the patient suffers injury as a result of the medical professional’s negligence or omission. Medical malpractice does not exist when all medical care standards are appropriately adhered to, regardless that the outcome is unfavorable. There are also many occasions where complications are reasonably expected, even with the best of care. So each claim has to be evaluated on its facts. Given the financial cost of proving a medical malpractice claim, it is a more common myth at the applications that are tried to involve significant damages. We would be happy to provide a free evaluation to any client considering a medical malpractice claim. Let Jay Help.
-The Negligence, Omission, or Error Resulted in Substantial Damage: Lawsuits are expensive and time consuming for all parties involved, especially in cases of medical malpractice. The plaintiff will need to prove that they suffered a substantial injury. The cost of litigating for small damages or minor injuries would cost more than potential recovery. The plaintiff may be able to recover, without limitation, loss of income, loss of job, pain, and suffering, chronic pain due to injury, disability was, hardship as a result of injuries, substantial medical bills; past and future, and general loss of the enjoyment of life and family. We often employ economists and other experts to establish these damages.

Typical examples of Medical Malpractice include, but are not limited to:

  • incorrect surgery site
  • wrong medication
  • incorrect dosage
  • overlooked symptoms
  • improper follow up
  • unnecessary procedures
  • surgey on the wrong patient
  • misread lab results
  • misdiagnosis
  • injuries during childbirth
  • improper testing

Commonly Misdiagnosed Medical Conditions include, but are not limited to:

  • Complications during pregnancy
  • Appendicitis
  • Cancer
  • Chronic migraines
  • Lyme disease
  • Lupus
  • Pneumonia
  • Stroke
  • Heart attack
  • Multiple sclerosis

Our evaluation will consider, without limitation:

Pain & suffering due to Medical Malpractice

This is the legal term for emotional distress and physical stress due to pain and suffering. Damages typically seen in pain and suffering include but aren’t limited to: temporary or permanent limitations that impact your daily life, pain, body aches, decreased life expectancy, decrease in quality of life, depression, anxiety, permanent disfigurement; scarring. Each case is unique.

A decrease in Earnings, or Loss of Employment

An injury claim may involve a substantial loss of employment or a reduction of earnings. The injured person will need to establish these losses and legally relate them to the negligence. Loss of revenue may be for a temporary period or last a lifetime. We will be happy to discuss these issues with you.

Past & Present Medical Bills

Medical statements incurred and bills that you will continue to bear as you receive necessary medical care in the future may be recoverable. Each case is different depending on the specific injuries and medical treatment.

Wrongful Death

Wrongful death claims brought against medical professionals who have, through medical malpractice, negligence, omission, wrong-doing, error, caused the death of a person. Wrongful death claims pursued by immediate family members of the deceased individual. The wrongful death lawsuit brought against the medical facility, hospital, or medical professional, whoever is liable for the death of the individual. Florida Statutes define who may pursue recovery for wrongful death. There is an astringent statute of limitations followed. Please contact us for a free consultation.

Loss of Consortium

The loss of consortium generally involves the loss of personal relations between individuals to include sexual relations. Testimony may focus on if the spouse is unable to participate in ordinary marital affairs as they did before the injuries incurred. These losses arise when a spouse is injured to the point that they can’t engage in sexual intercourse with their partner, temporarily or indefinitely.

Permanent Bodily Disfigurement

Typical damage is scarring that occurs due to the injury. Noticeable scarring or disfigurement can equate to a significant amount of recovery for one of two reasons. Embarrassment one feels due to the scarring or disfigurement of the location of the scar, size, and shape, age, and sex of the injured person. Whether the person has other related injuries, all play a role in determining the subjective value of such claims. We have professional camera equipment that has been purchased to document these types of applications. Photographs are a powerful tool, for any negligence case, to provide a more personal view of the client. We often use these in pre-suit settlement demands and discussions with insurers, as well as at trial.


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