Plantation Medical Malpractice Attorney
Representing Victims of Medical Malpractice in Plantation
Every year, millions of Americans place their lives and health in the hands of medical professionals under the setting of a hospital bed, pharmacy and operation room. The reality is that medical professionals are humans and therefore, are at the risk of being negligent and careless at their jobs. While negligence and carelessness may be a possibility in any field of work, the field of medicine is especially sensitive to such negligence because of the great influence that such behavior can have on the safety of patients.
Medical malpractice is the act of a doctor, nurse or other trusted medical professional that deviates from the standard of care expected. The standard of care in the medical field is different than for a lay person but generally, the court determines negligence based on whether another reasonably skilled doctor would have acted in the same manner under similar circumstances.
Personal injuries can occur anywhere; even with those who are meant to heal rather than harm. The incident of medical malpractice is actually a widespread event that harms countless individuals each year. It is believed that around 200,000 individuals die on a yearly basis as a result of an error from medical staff. For those that do suffer injury due to a medical error, it may be necessary to seek the services of a
Plantation medical malpractice lawyer.
Types of Medical Malpractice in Plantation
Medical malpractice, as it says is the issue that occurs when a medical professional fails to provide a certain standard of care. While it is every day that mistakes are made, these ones are done out of negligence and are an immediate fault of the worker that is responsible. It can be their inadequate actions that are to blame, or their failure to act. Healthcare staff such as doctors have a certain obligation to their patients to provide them with a certain level of care. This is what has been established by the medical boards as reasonable and there should be nothing below this minimum. Unfortunately, for any number of reasons a doctor may not devote the necessary amount of attention to a patient and this can either lead to a failure to diagnose or a
misdiagnosis, both of which are extremely dangerous.
The error can also take place on the operation table and it is far from unheard of for a surgeon to make a surgical error that the patient is left dealing with. Medication errors are also responsible for a number of malpractice cases and the wrong prescription, mixing prescriptions or the wrong dosage can all prove catastrophic. The outcome of a medical error can include a physical injury, such as the loss of functioning in an area of the body. It may also be an infection that is sustained and it is common for patients to pick up infections such as MRSA when hospital staff fails to do their part to maintain the sanitization standard. Some of the most unfortunate cases come up when a victim is killed by the wrongful actions done against them. This can leave the families at a loss and unsure of where to go from here.
Millions of dollars are faced for hospital costs along in malpractice cases, and this is in addition to the other expenses that occur. Victims that are hoping to be healed can instead be left with even more harmful ailments, in addition to the high cost. In these cases, it will be important to establish a strong case for compensation. There may be someone that was responsible and if this can be shown to the court, then the injured party or the family of a lost loved one may be able to receive damages. For an injured patient this can be used to cover their medical expenses, lost wages, any adaptations that need to be made to their home or car and other costs that come up. For a family, they may have never ending bills from before the death of their loved one and they shouldn't have to be the ones to pay them.
Elements of Proof in Medical Malpractice Claims
On surface value, many mistakes in medical care may be perceived to be medical malpractice. However, medical malpractice is a field of personal injury law and involves several key legal principles that must be fulfilled in order for the plaintiff's case to be successful. Unfortunately, that means that some instances of medical error may not constitute medical malpractice and may not be eligible for compensation. In order for an error to be considered medical malpractice and warrant legal action for compensation, the following must be true of the context and action:
- Established Duty: The first element of proof in a medical malpractice will be showing that the doctor or medical professional named in the claim had a legal duty to the plaintiff. In a medical context, this is typically illustrated through an established doctor/patient relationship. That means that the doctor, at some point, was known to have direct influence over the health of the patient who was eventually injured.
- Breach of Duty: Once the legal duty has been established, the complaining party will then be required to show that the medical professional committed a breach of that duty by exercising care below the standard expected of them. This is typically shown in the case by demonstrating that another reasonable medical professional with similar skill and experience and under similar circumstances would have acted differently than the defendant did. While some examples of a breach are obvious, such as leaving surgical tools inside the patient's body, others may be more subtle. In such cases, the court may require the testimony of an expert witness who can corroborate the claims of the plaintiff's party.
- Direct Causation: This is perhaps the simplest element to understand in a medical malpractice case. Basically, direct causation requires that the proven breach of duty committed by the medical professional was the direct cause of injury to the patient. The easiest way to demonstrate this is by using the "but for" test, which asks the following: "but for the actions of the defendant, would the plaintiff have suffered this injury?" An answer to this question that affirms the plaintiff's claim requires two things to be true. First, that the plaintiff actually suffered real, substantive injuries and secondly, that those injuries were the direct result of their medical provider's breach of duty.
Plantation Personal Injury Lawyers
As with other personal injury matters, a medical malpractice claim will almost always involve contact and competition with an insurance company. Most, if not all, medical professionals are required to carry medical malpractice insurance in the event that they are sued by an injured patient. This means that the claim can potentially become complicated and the insurance company will likely put up a fight before agreeing to a settlement.
At the Law Offices of Jason T. Corsover, we believe in maintaining a strict standard of care when it comes to the quality of medical treatment offered by our trusted professionals. We seek to improve the field by holding negligent medical professional accountable to their mistakes and reminding them of the narrow margin of error allowed when they hold the lives of patients in their hands on daily bases. If you or a loved one was the victim to medical negligence and you are wondering whether you have grounds to file a claim against the doctor or nurse responsible, contact a Plantation medical malpractice attorney from our firm today to discuss your available options.