Doctors, nurses, and other providers of health care spend years developing the intellectual knowledge, physical skill, and professional credentials needed to heal others. Their commitment to alleviating suffering as a group is unwavering and unquestionable. Unfortunately, these same professionals are also prone to making mistakes, and the consequences of their errors are as significant as their successes. Each year, just under 100,000 Americans are killed by “medical errors,” according to the National Academy of Sciences.
A medical error is not always the same as medical malpractice. Medical malpractice is a type of negligence under personal injury law in which a medical treatment provider is involved. Medical malpractice may have occurred if an individual was injured as a result of a medical treatment provider deviating from “the standard of care,” and the medical professional may be held liable for the injury. Discuss your case with a Miami Gardens, FL Medical Malpractice Attorney to determine whether you have a valid medical malpractice claim or not.
What Is A Medical Malpractice Claim, Exactly?
A medical malpractice claim is a claim made against a medical care provider for injuries caused by surgical errors, hospital negligence, misdiagnosis, failure to diagnose, birth injuries, and nursing home abuse and/or negligence.
What Are The Most Common Misconceptions About Medical Malpractice Cases?
The most common misconception about medical malpractice cases is that they can sue a doctor or hospital for anything and expect a large settlement; this could not be further from the fact.
Can Medical Malpractice Claims Be Filed Against Anyone?
Any licensed, qualified healthcare provider can be sued for medical malpractice. Radiologists, psychiatrists, chiropractors, dentists, nursing homes, hospitals, and clinics are all included.
Do My Injuries Have To Be Severe In Order To Seek Compensation In A Medical Malpractice Case?
In order to pursue compensation in a medical malpractice case, a person’s injuries do not have to be extremely serious, but they also cannot be minor. Pursuing a medical malpractice claim takes a significant amount of time and money because it frequently necessitates hiring an out-of-state medical expert to testify against the local healthcare provider. Unless someone was seriously injured or died, the case is unlikely to be worth pursuing.
What Factors Influence The Success Of A Medical Malpractice Claim?
A viable medical malpractice claim requires proof of a deviation from the accepted standard of care, which applies to all diagnostic, operative, and surgical procedures. This means that a claim based on common practice or minor negligence cannot be made.
What Compensation Can Be Awarded In A Medical Malpractice Case?
Medical expenses, pain and suffering, wage loss, loss of consortium, and loss of enjoyment of life are all damages that can be awarded in a medical malpractice claim, just as they are in any other type of personal injury case.
What Should A Person Do If They Believe They Have Been The Victim Of Medical Malpractice?
If a person believes they have been the victim of medical malpractice, they should consult with an attorney immediately. They should also obtain all of their medical records, because nothing can be done until the attorney and other medical professionals review the medical records.