Unfortunately, many people have a misconception when it comes to medical malpractice. Despite what many people believe, a medical result that goes bad or a hospital stay that results in death may not necessarily constitute medical malpractice. If it can be proven that the doctor and other healthcare providers gave the patient an acceptable and reasonable standard of care, then no medical malpractice occurred.
For example, if a doctor orders the correct lab tests, makes a proper diagnosis, and the patient still dies, medical malpractice did not occur despite the patient dying. However, if an attorney can prove the doctor failed to follow proper procedures or made an incorrect diagnosis due to negligence or carelessness, there may be a basis for a medical malpractice suit.
As today’s healthcare world becomes more complex, there are unfortunately many more opportunities for medical malpractice to occur. Whether in a hospital or doctor’s office, some of the most common examples of medical malpractice include:
If any of these situations occurred, it is imperative to contact a law firm skilled in medical malpractice lawsuits. These cases can be very complex, it is crucial to have a lawyer who is not intimidated by the case and can immediately go to work with the goal of making those who were negligent accountable for their actions. For both patients and their families, medical malpractice can be a catastrophic event that will change their lives forever. Years of medical treatment, never-ending medical bills, physical and emotional suffering, and much more all happen as a result of carelessness and negligence on the part of those trusted to provide the highest levels of care to their patients.
For a case to be considered medical malpractice, it must be shown that the healthcare provider failed to follow the recognized standard of care for the situation with which they are involved. This includes completing a thorough examination of the patient, asking appropriate questions during the exam, ordering related lab tests, prescribing appropriate medications, and providing follow-up care that is deemed to be necessary. Time after time, healthcare providers such as doctors, nurses, physician assistants, lab technicians, or others involved with a patient’s care fail to provide an acceptable standard of care, leading to catastrophic results for patients and their families.
If it is determined that medical malpractice did occur, gaining access to medical records and having them reviewed by expert witnesses is the first step that should be taken. The expert witnesses, who are usually doctors themselves, carefully review the records for signs of negligence and then offer their opinion to the victim’s attorney. If in their opinion medical malpractice exists, they then provide a signed affidavit testifying to the fact that the standard of care was violated. Once this is done, the lawyers can then go ahead with the lawsuit by notifying the doctors and healthcare professionals involved with the case of impending legal action against them.
Sadly, in many of these cases patients and their families fall victim to unscrupulous healthcare providers and insurance companies looking for a quick way to end any potential legal action. In fact, it is not uncommon for victims to be contacted by insurance companies offering to settle with them out-of-court. However, while this option may sound good initially, it soon becomes clear these organizations do not have the patient’s best interest at heart. Yet many victims take these settlements before speaking with an attorney, often for much lower amounts of money that they could have gotten by filing a medical malpractice lawsuit. In most instances, the money does not begin to pay for medical care or other expenses, leaving a victim and their family still struggling unnecessarily.
Jack Bernstein, Injury Attorneys offer free consultations for medical malpractice cases in Tampa, Florida. The best lawyers in this field never allow their clients to be intimidated, and also are never intimidated themselves when dealing with the complexities of medical malpractice cases. We will be able to provide an objective view of your case, and be your representation to the insurance companies or defendants.
If you or a loved one have been the victim of medical malpractice, contact Medical Malpractice Attorneys at Jack Bernstein, Injury Attorneys as soon as possible. We do not charge any upfront fees, instead we work on the basis that we only get paid once your case is won in court, or settled out-of-court. This eliminates the need for thousands of dollars of upfront fees, allowing many innocent victims the chance to right a terrible wrong. If you put your trust in a doctor or other healthcare professional, and had that trust violated by their negligence or carelessness, let our attorneys help you gain the financial compensation you deserve while also bringing those responsible to justice.