Generally, medical malpractice law governs the liability of medical practitioners and other healthcare providers when they cause injury to patients by offering their services and expertise in a negligent manner. All states have their processes and laws to handle these cases of personal injuries. Remember, the doctor must be held liable if their conduct doesn’t meet the ‘set standard of care’ offered by other medical professionals under the same circumstances.
Mistakes or errors that fall under the category of medical malpractice vary. These actions include a delay or failure in diagnosing a patient’s health condition, prescribing the wrong drugs, misreading X-rays, performing some procedures without the patient’s consent, failure to warn the patient of the side effects and risks of a certain medical procedure, and making errors during childbirth or a medical procedure. If you or your loved one has suffered medical negligence, consider consulting with a reliable Miami, FL medical negligence attorney for legal guidance.
Whenever medical practitioners act carelessly, the consequences can be catastrophic to the victim or patient. It’s not surprising that damage awards in these cases are huge compared to other types of personal injury cases. According to legal experts and other people who have ever been involved in these cases, damages may include physical pain and suffering, medical expenses, lost wages, emotional distress, punitive damages, a decrease in your earning potential, compensation for complete or partial impairment, death or even disfigurement.
Nearly in all instances of medical malpractice cases, expert witnesses play an integral role. Most of the issues debated in such cases include whether or not surgery was performed in accordance with the industry standards. These issues are too complicated for lawyers and judges to understand without expert help. That means reliable and trusted doctors should be called upon to study the case details, offer their expert opinion, and offer an in-depth explanation of their findings. For the victim of medical malpractice, hiring an expert witness significantly increases the cost of filing and handling the personal injury lawsuit.
Compensation for pain and suffering
The most important step when it comes to pursuing a medical malpractice claim is by hiring an excellent medical malpractice lawyer. Unlike other law areas, self-representation in medical malpractice cases isn’t feasible. Given the financial resources and litigation expertise needed, most lawyers don’t accept medical malpractice cases. You, the plaintiff, need to seek out a reputable and reliable law firm that handles medical malpractice cases.
Your lawyer will start by conducting a thorough evaluation of the facts surrounding the case. Medical records and other relevant pieces of evidence will be gathered, and depositions will be taken of any witnesses and the defendant. An expert doctor, who will later testify at trial, will review the available pieces of evidence and create a report for you.
This expert report will be turned over to the defendant’s lawyer and insurance adjuster. Settlement negotiations will then begin. Generally, medical malpractice law is a challenging concept. Therefore, if you or loved one intends to file a medical malpractice lawsuit, consult with an attorney first.