Medical malpractice can cause devastating physical injury, financial debt, emotional trauma, mental anguish, and death
Someone who has been harmed by a medical practitioner’s wrongful act may have the legal right to sue for present and ongoing expenses, with assistance from a Delray Beach medical malpractice lawyer, who has won at trial and successfully settled many of these cases.
Skilled personal injury attorneys can offer a free consultation to determine if the injured can prevail in a lawsuit against a medical professional.
Medical malpractice occurs when the necessary treatment for a condition is not performed to the standards set by the medical community and an injury happens to the patient. Standards apply to diagnoses, treatment, and aftercare. An omission in any of those areas can sometimes qualify as medical malpractice.
As the British Medical Journal states, medical malpractice is the third most frequent cause of death following heart disease and cancer.
The three most common errors in medical malpractice are wrong diagnoses at 31 percent, an abnormal injury, also 31 percent, and not treating correctly 12 percent, reports Medscape from a 2015 study.
The most common medical malpractice lawsuits, the report noted by percentages, are for Ob/GYN and women’s health, 85 percent, surgery, 83 percent, orthopedics, 79 percent, radiology, 72 percent, anesthesiology, 58 percent, family and internal medicine, 46 percent, and oncology, 34 percent.
Florida has a medical standard of care that medical practitioners licensed by the state must not violate. It holds medical professionals working in the same fields to perform by the standards set for those areas of practice, states the Delray Beach medical malpractice lawyer. Professionals include physicians, surgeons, anesthesiologists, pharmacists, dentists, nurse practitioners, nurses, rehabilitation specialists, and other healthcare workers such as x-ray technicians.
Patients have a reasonable expectation that their caregivers will adhere to the accepted standards set for the particular disciplines, known in the law as a duty of care. A medical professional who violates that responsibility toward a patient has breached the required duty.
The breach is the reason that placed the patient in danger of being harmed. The harm caused was foreseeable, called the proximate or legal cause of the injury, which led to financial expenses. Each of these elements, duty, breach, legal cause, and financial loss must be proven by a preponderance of the evidence to win the case.
All of the financial damages stemming from the malpractice event must be documented and future anticipated expenses estimated to claim accurate damages.
Because medical malpractice cases can be highly technical, a Delray Beach medical malpractice attorney may use expert witnesses to testify about the medical issues involved in language that jurors can readily comprehend. The defendant may also use expert witnesses.
Many of these cases are settled out of court. If that happens, the lawyer has extensive experience negotiating with insurance carriers, which will attempt to reduce the amount of damages.
It is important to get in touch with a lawyer as soon as possible because the lawsuit must be filed with the court of jurisdiction within two years from the date of the injury or when the injury became known. Attorneys do not charge upfront attorney fees to handle the case nor do the attorneys charge fees if a suit is unsuccessful. A medical malpractice lawyer is paid for their legal work completed only at the end of each case, and payment is received from a part of the damages lawyers recover.
Call Delray Beach medical malpractice lawyers today to learn the options available to you and how these compassionate attorneys can protect your rights.
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