Having trust in health care professionals is warranted, but they are human and can make mistakes. When they do, patients can be harmed by medications, wrong diagnosis, and errors during surgery. Patients who are injured by a practitioner will need a skilled attorney.
Accomplished Broward County medical malpractice lawyers have a long record of winning damages for patients in this highly technical area of litigation. A qualified personal injury lawyer can speak with those injured by a medical practitioner to arrange for a legal consultation.
Medical malpractice law falls under the scope of professional negligence, which places a duty of care on professionals toward those in their care. If that duty is violated by a failure to provide the necessary level of skill or services as required by a prudent and reputable health care provider, a breach of duty has happened. The breach causes the injury and the injury results in monetary damages.
Medical malpractice cases, because of the subject matter of the particular injury, are necessarily technical and are usually disputed by the defense. A medical malpractice attorney will use the expert testimony of a professional from the same field to help prove the case and refute the expert testimony presented by the defense.
Florida law recognizes economic and non-economic damages. Included are the economic costs of treatments necessitated by the injury, loss of present and future earnings that could not be earned because of the injury, and property damage if applicable.
Non-economic damages are emotional trauma, mental anguish, the loss of a spouse’s services, and others. These are more difficult to place an amount on because the harms are more subjective. Juries decide the amount of damages to award and can be generous or skeptical.
Punitive damages can be awarded if the professional negligence committed was egregious. These damages are meant to punish the offender for the gross act of negligence and to serve as a warning to others. Punitive damages can be significant. Therefore, it may be critical to contact a Broward County medical malpractice lawyer to pursue compensation.
Florida law holds health care professionals to the accepted standards of the discipline they practice, whether a physician, nurse, pharmacist, dentist, or practitioner in any other medical field. Should a patient be treated improperly or by a professional who does not have the required skill, or if an omission of proper care is made, the law is violated.
It is imperative for those hurt by a medical professional to contact a Broward County medical malpractice lawyer as soon as possible. Time is needed to identify and subpoena records and other evidence to build and prove the case.
There also is a time limit to file a lawsuit, which in Florida is within two years from when the patient knew or should have known of the injury. If the deadline, called a statute of limitations, is not met, the injured person is barred from ever suing for that injury.
An attorney can determine if the facts of the injury are sufficient for a medical malpractice lawsuit to win compensatory damages. The lawyer will explain the law and the legal process involved before beginning to build your case.