Medical Malpractice Lawyer

Medical malpractice is a term that is thrown around loosely on television and in movies, but what does it mean? And have you or a loved one experienced actual medical malpractice?

In this short guide, we will explore medical malpractice and how to select the right medical malpractice lawyer in Florida to represent you.

WHAT CONSTITUTES A CASE OF MEDICAL MALPRACTICE?

A common misconception is that a doctor who makes a mistake has committed medical malpractice, which is simply not true.

The issue of malpractice is a little more complex.

For starters, there are two characteristics present in a case of medical malpractice:

• The doctor made a mistake while treating you.
• You were harmed by that mistake.

That harm may be debilitating, or even worse, and it could result in death.

Cases of malpractice tend to be long and detailed legal matters since it can be difficult to prove both.
For instance,

• No malpractice occurred if the doctor made a mistake but did not harm you.
• If the doctor did not make a mistake but, due to some statistical anomaly, you were harmed by his or her treatment, no malpractice occurred.

Proving that both factors occurred after the incident can be very difficult.

It is also worth noting that the mistake made by the doctor may refer to something he or she did incorrectly or erroneously failed to do altogether – in other words, he or she was negligent.

WHAT CONSTITUTES NEGLIGENCE?

When a doctor makes a mistake while providing care, he or she may be considered negligent.

Examples include if he or she misdiagnoses your medical condition or if he or she prescribes the wrong medication to treat you.

In either of these scenarios, that mistake could be considered negligence.

To offer further clarification, medical negligence also occurs when a doctor breaches the standard of care that is typically based on your age, condition, and location.

For instance, let’s assume you are a 47-year-old accountant living in Florida, and you have been diagnosed with colon cancer.

Your doctor must provide you with the same standard of care as other doctors in Florida typically would to treat a 47-year-old accountant diagnosed with colon cancer.

It is worth noting that this standard of care would vary if you were a 20-year-old personal trainer living in New Jersey or a 75-year-old retiree living in Oregon.

The key is establishing what would be considered a fair standard of care based on your specific case and similar cases nearby. Failure to provide that standard of care could be considered negligence.

Being able to prove that a mistake was negligently made is crucial to proving that you were the victim of medical malpractice

Overview of Medical Malpractice in Florida

Florida stands out nationally for its significant frequency of medical malpractice incidents. The state’s large population of both patients and healthcare providers presents a greater chance for errors and subsequent legal claims.

Financial Impact of Medical Malpractice Claims

In 2018, the total monetary compensation awarded in Florida for medical malpractice cases reached approximately $299.46 million. This sum was distributed across 948 claims. Notably, there were 302 cases where individuals received settlements ranging between $250,000 and $499,000. Common causes for these settlements, aside from wrongful death, frequently involve injuries necessitating lifelong medical care.

Consequences for Healthcare Providers

Healthcare professionals in Florida faced repercussions due to malpractice claims. In 2018, 41 doctors experienced loss of clinical privileges because of negligence. A significant portion of these cases, 28 to be precise, were related to issues with the Drug Enforcement Administration (DEA).

Trends in Malpractice Claims

While obtaining a fair settlement can be challenging, the success rate for plaintiffs in medical malpractice cases is only 23%. This is considerably lower compared to the 59% success rate in other personal injury lawsuits. Although medical malpractice cases more commonly go to jury trial and take about five days on average, the compensation awarded is substantially higher, averaging 17 times more than in other tort cases.

Understanding the Most Common Types of Medical Malpractice

Medical malpractice can have severe impacts on patients, and recognizing its various forms is crucial for anyone involved in a related case. Identifying precisely what transpired is the first step toward categorizing the incident properly. Here are the most prevalent types of medical malpractice:

Hospital Negligence

Hospitals are intended to be sanctuaries of healing. Unfortunately, they sometimes become sources of further injury due to negligence. This can happen when hospital staff—be they doctors, nurses, technicians, or other personnel—fail to meet the expected standard of care, resulting in harm to patients. Incidents of misdiagnosis, surgical errors, or improper administration of medication all fall under hospital negligence.

Nursing Home Failures

In nursing homes, the distinction between abuse and neglect is significant. Abuse involves deliberate actions that harm residents, whereas neglect refers to the failure to provide adequate care, leading to resident harm. This could involve insufficient medical attention, improper medication management, or failure to provide basic necessities like food and hygiene.

Dental Care Errors

Dental malpractice shares similarities with medical malpractice but is focused specifically on dental procedures. When a dental professional provides inadequate care that results in injury or health complications, they may be held responsible. This can include errors during surgical procedures, incorrect diagnosis, or failure to identify and treat oral diseases appropriately.

Cerebral Palsy and Birth-Related Issues

Cerebral palsy, often resulting from brain injuries sustained during pregnancy or childbirth, can sometimes be attributed to medical oversight. For instance, if a healthcare provider fails to adequately manage maternal conditions like jaundice or high blood pressure, the child could suffer long-term effects such as cerebral palsy. Similarly, birth injuries may occur when medical staff do not properly handle pre-natal or labor emergencies, leading to harm to the newborn or fetus.

By being aware of these common types of medical malpractice, patients and their families can better navigate the complexities of such cases and seek the justice they deserve.

Understanding the Corporate Negligence Doctrine in Hospitals

The corporate negligence doctrine is a legal principle that holds hospitals accountable for maintaining a high standard of care in their operations, particularly concerning their staff. This doctrine mandates that hospitals must actively ensure all their employees, from nurses to surgeons, are thoroughly vetted and appropriately qualified for their positions.

Key Responsibilities Under the Doctrine:

• Thorough Employee Screening: Hospitals are required to rigorously screen potential employees. This involves verifying qualifications and credentials to confirm that staff members are suitable for their roles.
• Credential Verification: It’s essential for hospitals to inspect and validate the credentials of their staff. This helps prevent the employment of individuals with falsified or inadequate qualifications.
• Ongoing Training and Supervision: Institutions must provide sufficient training opportunities and continuous professional development for employees to ensure they remain competent and effective in their duties.

If a hospital neglects these duties and employs, for instance, a surgeon without verifying their credentials, and this oversight leads to patient harm, the hospital can be held liable. This accountability mechanism is crucial for maintaining trust and safety in healthcare environments, protecting patients, and ensuring a competent health workforce.

WHAT CONSTITUTES HARM?

The second factor in proving medical malpractice is establishing that the negligence caused you harm or further damage. Some examples would include:

• Amputating the wrong leg.
• Brain damage after surgery.
• Worsening of a condition after treatment.
• Death.

Unless you prove that you have been harmed and it was the direct result of negligence, you do not have a case for medical malpractice.

The process of proving that the harm done to you was the direct result of negligence is referred to as causation. Establishing causation is often the most expensive and time-consuming part of any medical malpractice case.

Often, an expert witness is needed in court to establish causation.

This expert witness will generally be a doctor or some other type of medical professional. He or she may also be needed to help establish the standard of care you should have received, and how your physician failed to provide that care.

Can Medical Malpractice Claims Be Brought Against Healthcare Professionals Other Than Doctors?

Absolutely. When considering medical malpractice claims, it’s a common misconception that they apply only to doctors. However, the spectrum of accountability extends to a variety of healthcare professionals. If any licensed medical professional fails to meet the expected standard of care, they may be held liable for malpractice.

Who Can Be Held Accountable?

Here’s a quick overview of professionals frequently implicated in malpractice claims:

• Nurses and Nurse Practitioners: These individuals play a critical role in patient care, and errors such as medication mishaps can lead to liability.
• Dentists: Mistakes in dental care, from extractions to anesthesia administration, may result in valid malpractice claims.
• Psychiatrists: Misdiagnosis or improper treatment of mental health conditions can constitute malpractice.
• Physician Assistants: Working under the supervision of doctors, they are still individually accountable for their actions.
• Chiropractors: Inappropriate adjustments or neglecting underlying conditions can lead to claims.

In each case, it’s essential for a claimant to demonstrate that the healthcare provider’s actions deviated from standard care and directly caused injury or harm. Working with an experienced attorney can help in establishing the proof needed for such claims.

How Can Hospitals Be Held Liable for Medical Malpractice?

Hospitals can be held accountable for medical malpractice under several legal theories, primarily through vicarious liability and direct negligence.

Vicarious Liability

Hospitals might be responsible for the actions of their staff if they fail to provide an environment conducive to proper medical care. This means that if something goes wrong due to inadequate facilities or resources, the institution itself may be found liable.

Direct Hospital Negligence

Hospitals have a duty to ensure that their operations and personnel meet high standards of care. This includes:

• Employee Vetting and Training: They are required to conduct comprehensive background checks and verify the credentials of their staff. Employing individuals with falsified qualifications may lead to liability if their incompetence results in patient harm.
• Adequate Staffing Levels: A hospital must ensure enough registered nurses and other medical personnel are available to provide necessary care around the clock.
• Monitoring and Oversight: Hospitals need to oversee treatment plans devised by their physicians. They should intervene if they determine the plans are inadequate or harmful.
• Emergency Preparedness: Adequate facilities and procedures must be in place to efficiently manage seriously ill or injured patients at any time, especially in emergencies.
• Compliance with Statutes: They are bound by federal and state laws to provide care to all individuals, regardless of personal attributes or financial capability.

These obligations highlight the critical role hospitals play in not just mitigating risk but also ensuring that high standards of care are consistently upheld.

How Long Do Medical Negligence Cases Typically Last?

Understanding the timeline of a medical negligence case is crucial for those embarking on this legal journey. While each case is unique and subject to its own complexities, there are general guidelines on how long these cases might last.

Factors Influencing Duration

Several elements can impact the length of a medical negligence case:

• Complexity of the Case: Cases involving multiple parties or intricate medical facts may take longer to resolve.
• Availability of Evidence: Gathering sufficient evidence can be time-consuming, especially if expert testimonies are required.
• Court Schedules: The availability of court dates and the backlog of cases can delay proceedings.

Expected Timeline

On average, medical negligence cases take about one to two years to reach a conclusion. Here’s a rough breakdown of the process:

1. Investigation & Filing (3-6 months): Initially, the case is prepared with thorough investigation and gathering of evidence before filing the lawsuit.
2. Discovery Phase (6-12 months): Both parties exchange information through written questions, document requests, and depositions.
3. Settlement Negotiations (Ongoing): Many cases are resolved during this phase through negotiation rather than going to trial.
4. Trial (if necessary, several days to weeks): If a settlement isn’t reached, the case proceeds to trial, potentially extending the timeframe.

While the typical span for resolving a medical negligence case is one to two years, be prepared for variations that could shorten or lengthen the process. Each step, from filing to a potential trial, involves critical stages that can significantly impact the duration. Understanding these can help manage expectations as you navigate the legal landscape.

DO YOU HAVE A MEDICAL MALPRACTICE LAWYER?

Based on the details provided here, do you believe you may have a legitimate medical malpractice case against a doctor?

Your local “Attorney Big Al” has years of experience dealing with medical malpractice. The phone call is free, and your local “Attorney Big Al” can help you determine if you have a case to pursue.

You will not pay any “Attorney Big Al” until the money is recovered. You have everything to gain by calling and nothing to lose.

If you or a loved one has been harmed directly due to physician negligence, take action. Call your local “Attorney Big Al”, an experienced medical malpractice lawyer, immediately for a free consultation at 1-800-HURT-123.