October 26, 20
Did you know that more than 250,000 people in America die each year from medical provider negligence and errors, according to a study by Johns Hopkins University. Medical malpractice lawsuits can be among the most difficult personal injury or wrongful death cases to win for a variety of reasons, and particularly against physicians.
Medical facilities can be negligent in the manner in which they care for patients. This could be attributed to the facilities often working in teams which can lead to communication errors due to lack of proper information and or expertise within the workers.
The size of the hospital does not necessarily indicate the ability of the staff, and injuries can occur to patients at larger facilities such as Mercy Hospital, Jackson Hospital, Baptist Health of Miami, or even Mount Sinai Hospital here in Miami, Florida.
Mistakes can happen in treatment and/or care practically everywhere that patients are admitted.
Being properly compensated for those mistakes requires experienced and knowledgeable legal representation by malpractice attorneys who understand the medical technology involved, the terminology and especially in the Miami area – what are the specific laws on the books, who the judges are and how to handle the insurance companies. For these reasons and others, ‘med mal’ cases are assuredly not simple general lawsuits on any level.
There are some startling statistics concerning medical malpractice lawsuits across the United States, and the state of Florida is near the top of the list for cases filed and reparations paid.
According to NPBD data, Florida ranks third during the years of 2009-2018 with a total claim payout of $2.488 billion in compensation for almost 11,000 cases. Florida follows only New York and Pennsylvania in the national statistics.
The highest point of the amount of payout was registered in 2018 and signs indicate this is trending upwards. People are realizing that they do have recourse when a doctor or treatment facility they trusted with their care fell short of the professional standards expected.
The legal world is vast and medical malpractice is an extremely specialized segment of this environment. Attorneys who are not properly educated, trained and experienced in the specialty of medical malpractice tend to be outside their depth as opposed to attorneys who have put in the time to excel in this arena.
If you have suffered an injury at the hands of someone in the healthcare profession, you need an experienced lawyer with an in depth understanding of not only the law, but of medical procedures, anatomy and healthcare technology. Attorney Ruben V Chávez of A to Z injury law began his carrer defending insurance companies and Doctors and knows exactly how they defend cases, and how to beat theme.
There are many forms of medical treatment, and cases against negligent medical professionals can include malpractice issues with:
Problems can arise and injuries occur when any one of these categories of medical treatment workers, or others, make mistakes or are negligent in their assigned duties.
While most healthcare specialists will follow the recommended treatment, protocols or medical defense initiatives, some doctors and facilities will opt for unusual treatment recommendations that do not meet established guidelines.
Failure to follow reasonably recommended treatment guidelines is a component of many ‘med mal’ cases, and having a comprehensive Miami medical malpractice lawyer on your side who is well-versed in these guidelines means that your case can be properly investigated while being crafted for presentation to the court or insurance provider.
The range of remedies for compensation in this type of lawsuit is very similar to other personal injury cases, but the degree of negligence and extent of injury are the primary factors in the final outcome of a case.
Not only can legal expenses be recovered, but injured victims can be reimbursed for medical bills, lost ability to work, and long-term damage as a result of the injury.
Cases such as a child birth injury or a surgical mistake can be extensive because they can impact the remainder of the victims life. General damage amounts are usually what actually makes the injured plaintiff financially whole after the fact, and it takes an experienced medical malpractice attorney to itemize the potential problems the patient will face going forward in life. And when a case is the result of a death in treatment, punitive damages can even apply in certain egregious instances.
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Always remember that details in treatment matter greatly when a medical malpractice case is being processed, and the attorney you choose matters greatly as well. These are highly specific claims and attorneys must know the ropes of the medical industry to understand where to investigate in establishing a case. This is why it is vital to have an aggressive and seasoned Miami medical malpractice attorney who can craft a case for maximum financial recovery by pinpointing all of the negligence factors involved in causing the injury.
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