Articles Posted in Medical Malpractice

Many lives have been lost or permanently damaged due to medical mistakes in Miami, Florida. However, not every medical error a health care professional makes involves malpractice. 

According to the World Medical Association, medical malpractice involves the physician’s failure to conform to the standard of care for the treatment of the patient’s condition, a lack of skill, or negligence in providing care to the patient, which is the direct cause of an injury to the person.

To successfully prove medical malpractice, a plaintiff must establish several elements such as the presence of a doctor-patient relationship, provision of substandard medical care by the physician, injury due to the doctor’s negligence, etc. 

Most people typically expect medical professionals who handle matters of life and death to provide accurate and careful results. Unfortunately, medical professionals are sometimes negligent, leaving their patients with additional medical issues. If you suffer injuries from medical errors, hiring a Port St. Lucie medical malpractice lawyer can help through the legal process of the situation.

Contrary to what you may think, physicians are not the only medical professionals prone to medical errors. Pharmacists, nurses, surgeons, and other medical practitioners can commit or omit actions that can cause harm or death.

This article covers what medical errors are and the type of damages you can seek to recover from. Furthermore, the different types of mistakes are detailed so that you know what you need to prove the doctor’s negligence.

Is it possible to sue a doctor for operating on the wrong limb? Yes, it is possible. Doctors must provide the prevailing standard of care for their patients. 

If any surgery patient suffers any injury due to preventable medical mistakes, the patient or their family can sue the doctor to recover compensation for their losses. Suing a doctor for operating on the wrong limb holds them accountable for their error.

When doctors attempt procedures with zero experience or hire untrained staff, patients suffer the adverse consequences of their actions. However, when a patient sues a doctor, they may get the compensation they deserve and spare others from having the same experience. Suing a doctor can be challenging, but working with a Boynton Beach medical malpractice lawyer makes it easier.

Congenital disabilities can be debilitating. Of course, parents expect their children to be born healthy and safe, but this isn’t always the case. Birth defects are common in the United States, with the CDC estimating that 120,000 children are born with some type of defect yearly. 

While some of these defects are preventable, others are not. In some cases, the healthcare professional may have been negligent in their actions, which harms the mother or child. 

In such a case, a Pompano Beach injury lawyer can help the congenital disability victim seek financial compensation for damages. We’ll explore all you need to know about birth defect claims in this article and the available legal remedies. 

Medical errors contribute to the death of residents of Miami, Florida, annually and have been called the leading cause of death in America. A Johns Hopkins study found that more than 250,000 people die annually due to medical errors. Fortunately, not every victim of medical mistakes loses their life. 

However, the law provides compensation where a medical error has resulted in harm, injury, or death to the patient. At Frankl Kominsky Injury Lawyers, we understand the toll the effects of medical negligence takes on people. So when seeking compensation, it is best to work with a Miami medical malpractice lawyer. But how does a victim choose an attorney? Read on to find out. 

What Is Medical Malpractice?

Have you or a loved one recently suffered from the negligence of trusted medical professionals? If so, we can help you seek compensation.

Suing against medical facilities can be a daunting task without the help of legal professionals since these practices usually have a solid legal defense attorney. It is important to know you have the right to defend your health or a loved one by being able to file a claim against a practice.

If you’re asking if it’s possible for you to sue a hospital for medical malpractice, know that it is. We’re here to help you distinguish what medical malpractice is and how you can fight against it. 

Nothing can be more devastating for expecting parents than experiencing a birth injury that was the result of medical malpractice, especially if it caused the death of their child. Although most medical professionals will take all the necessary precautions to keep babies safe and healthy during the delivery process, mistakes can happen. These mistakes can unfortunately result in a long-term birth injury or fatality.

If it is found that the birth injury was caused by the negligence of the medical staff, parents of the child may be eligible for financial compensation. You could recover damages related to the incident such as hospital bills, medical devices, mental and emotional suffering, and additional medical care, if needed. If you suffered the loss of your baby due to medical malpractice, you could recover these damages plus funds for funeral and burial costs, as well as loss of enjoyment of life. 

However, it is important that you discuss your birth injury claim with a licensed lawyer who has experience working with cases involving medical malpractice. People who decide to hire an experienced lawyer for legal representation usually garner fairer settlement amounts, when compared to those who choose to represent themselves. 

Unfortunately, serious birth injuries can have debilitating effects on children and their families that could last a lifetime. Children who are injured at birth often suffer from long-term health issues which may require expensive medical treatment, special schooling, at-home care, and other accommodations needed to perform daily activities. Speaking to a licensed lawyer could help you hold negligent parties accountable and pursue compensation to recover these costs.

The attorneys at the law firm of Frankl Kominsky Injury Lawyers understand the struggles families must endure after a serious birth injury, which is why we offer free initial evaluations to discuss your legal options. There is no obligation needed and your information is kept completely confidential. 

Our firm has more than 40 years of combined legal experience while recovering more than $100 million in successful verdicts and settlements. Our licensed lawyers have extensive experience of the medical malpractice laws in Florida and how they may be applied to cases involving injuries caused during the birthing process. 

When someone is injured due to the negligent act of a healthcare provider, they may be able to pursue a claim for compensation against the responsible parties through a Florida medical malpractice lawsuit. However, before a case can be filed, specific procedural requirements must be met.

Under Florida’s Medical Malpractice Act, a medical malpractice plaintiff must conduct a reasonable investigation to determine that their claim is being brought in good faith. Under Florida Statutes section 766.104, good faith can be shown by obtaining a written opinion from an expert stating that, in the expert’s opinion, the plaintiff’s case has merit. An affidavit must be completed for each defendant named in the plaintiff’s case.

A separate section of the Medical Malpractice Act describes in detail the necessary qualifications for an expert. Under section 766.102, the most basic requirements for any party to be qualified as a medical expert are that the witness is a healthcare provider who holds an active and valid license. The witness must also conduct a complete review of the relevant medical records before being qualified to testify.

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In a recent opinion, a state appellate court discussed the notice requirements of a Florida medical malpractice lawsuit. That presented a situation in which a plaintiff filed a lawsuit against a healthcare provider raising claims that the plaintiff believed was not based on a theory of medical malpractice. Thus, the plaintiff did not take the extra steps to comply with the state’s notice requirements for medical malpractice lawsuits.

The court had to decide if the case should be dismissed based on the plaintiff’s failure to comply with the additional notice requirements. Ultimately, the court concluded that the plaintiff did not need to comply with the additional requirements because the plaintiff’s lawsuit was brought under a traditional theory of negligence and not considered a medical malpractice case.

Florida Statutes section 766.106 – Florida’s Medical Malpractice Notice Provision

Florida lawmakers have made it so all Florida medical malpractice plaintiffs must comply with additional requirements in order for their case to be properly heard. These additional requirements can be burdensome, however, if they are not followed a plaintiff’s case may be dismissed without the merits of the case ever being heard.

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