If a negligent or careless medical professional causes serious harm to you or a loved one, it is important to speak with an experienced medical malpractice lawyer. Recent changes to the law of medical malpractice in Miami may make it harder for injured victims to receive the legitimate legal justice they deserve. If you are attempting to pursue legal action on a major insurance company on your own, you could end up having your valid case of malpractice dismissed due to a technicality.
There are multiple ways of perpetrating medical malpractice. It is important to bear in mind, however, that simply because a medical professional makes a mistake, it does not imply that they are liable for malpractice. There is a legal standard that has to be followed to prove that there was a violation of the standard of care. Standard of care is characterized as the degree of care, ability, and treatment that is accepted as reasonable and sufficient by similar healthcare providers when provided all the facts of the patient and his or her condition.
There are a few areas where medical malpractice is particularly common:
Anesthesia is commonly administered prior to undergoing a surgical procedure. However, when improperly administered, a patient may wake up and feel the pain of the incisions as they're happening, resulting in what's called anesthesia awareness. Improper administration of anesthesia may be grounds for medical malpractice since the surgeon and their staff must ensure that the patient is unconscious when an invasive procedure is being performed.
When visiting a doctor, it's expected that he or she will perform a careful assessment and provide an accurate diagnosis should a serious medical problem arise. This is not always the case, however. Improper or incorrect diagnosis of a disease may have devastating effects on a person's health, especially if the condition is one that could put a person's life at risk, like cancer for instance.
Although obtaining damages from medical negligence takes work, it is possible. To determine that medical malpractice has happened, a meticulous investigation of the evidence is required, including an elaborate investigation of a patient's medical records. The testimony of a licensed healthcare provider in Florida will also determine that the patient has failed to receive a sufficient level of care from his or her physician and that this care has caused injury to the victim.
If you are considering legal action for yourself or on behalf of a loved one, do not hesitate to contact an attorney to discuss your legal options. A statute of limitations exists on how long you or a loved one can file a lawsuit against the incompetent health care provider for medical malpractice. You may be prevented from ever pursuing compensation if you do not file a claim within the specified time limit.
The general information provided above about medical malpractice in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.