- Need A Lawyer To Sue A Hospital
- When To Sue For Medical Malpractice
- Exactly What Does A Medical Lawyer Do, Anyway?
- My Baby Was Injured During Birth, Can I Sue
Need A Lawyer To Sue A Hospital – There were more than 6,100 hospitals in the United States in 2021. Hospitals provide essential medical services to communities. Some are actively involved in medical research and others prioritize the treatment of specific diseases and patients. However, most offer a range of emergency and critical medical treatments for everything from broken bones and lacerations to illnesses.
People rely on hospitals and their staff for checkups, deliveries, emergency medical care and ongoing treatment. Unfortunately, not all patients benefit from appropriate care. Hospital infections, birth injuries, incorrect diagnoses and inadequate care are some of the reasons patients may wonder how to sue a hospital. Suppose you have been the victim of medical malpractice or negligence. In this case, it is helpful to understand your rights and the benefits you will receive from hiring a medical malpractice attorney.
Need A Lawyer To Sue A Hospital
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Patients who received substandard care or suffered injuries in a hospital may have grounds to sue. Family members of patients who die due to substandard care or injuries sustained in the hospital may also have grounds to file a lawsuit. Victims can seek compensation through legal action if they have been victims of medical malpractice or negligence.
Medical malpractice includes unintentional and deliberate actions resulting in injury, death, or improper patient care. One or more doctors or healthcare professionals may be held liable for medical malpractice.
Medical malpractice cases often hinge on the medical professional’s failure to provide an acceptable level of care. Our company operates under the principle of duty of care, which is how most people would act in the same circumstances. When people do not act as the majority would in the same circumstances and their actions cause harm to someone, they are considered negligent.
A similar principle applies to healthcare professionals. The standard of care determines how most healthcare professionals would act in specific circumstances. When healthcare professionals do not act as most other professionals would, it can be argued that they have not provided patients with a reasonable standard of care.
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To prove medical malpractice, victims must demonstrate that they had reason to expect professional quality care and that a medical professional failed to provide that care.
Distinguishing medical negligence from medical malpractice can be tricky at first. Medical malpractice involves a professional failing to follow professional standards. Negligence can result from an accident or an unintentional act resulting in harm.
Suppose you are in the hospital and someone brings you dinner. They trip and drop the tray of food on you, including a hot cup of coffee. Coffee burns your arm. This is an example of negligence.
However, if a medical team makes mistakes during a surgical procedure, you can sue them for medical malpractice.
When To Sue For Medical Malpractice
You may have grounds to sue a hospital if you suffer injuries resulting from hospital accidents, such as burns from surgical fires or fractures resulting from a fall. Suppose you are going down the stairs and the handrail breaks, causing you to fall and injure yourself. The hospital may be negligent in failing to provide functional safety equipment.
The hospital may also be negligent if workers fail to report hazards. Suppose there is a leak in a water pipe and the hospital maintenance team is unable to put up wet floor signs. You ignore the danger, slip on the water and suffer head trauma and back injuries. You have grounds to take legal action.
Each state sets a deadline for victims to file charges. This is called the statute of limitations. The time limit depends on your state and the type of lawsuit you are filing.
Florida gives victims of medical malpractice two years to file a lawsuit against a hospital. This means your case must be filed with the court and defendants must be served within 730 days of the incident.
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Florida’s medical advice laws apply to medical malpractice cases. In a standard negligence case, the plaintiff must file documents with the courts and serve the defendants. However, plaintiffs must take an additional step to pursue a medical malpractice case. They are required to notify defendants before filing their complaint and to comply with the requirements of Florida law.
Victims of medical malpractice and medical negligence can seek economic (monetary) and non-economic (non-monetary) damages through a lawsuit. There may also be grounds for seeking punitive damages in certain cases.
Also called monetary damages, economic damages focus on calculable expenses arising from the incident giving rise to the lawsuit. Victims can seek reimbursement for any expenses resulting from inappropriate or inadequate treatment or injury in a hospital. Examples of common monetary damages include:
Also called non-monetary damages, non-economic damages allow victims to seek compensation for the personal harm they suffered. The grounds for non-monetary damages are:
Exactly What Does A Medical Lawyer Do, Anyway?
Some victims may have grounds to seek punitive damages. Punitive damages apply to cases involving reckless behavior. To recover punitive damages, you must prove that the medical professional acted with intent to harm or knew that their actions would be likely to cause harm.
Miami residents can turn to an expert medical malpractice attorney at Bernstein & Maryanoff to discuss their medical malpractice cases. Our legal team will confirm that you have grounds for action and help you calculate the damages you are seeking. Because plaintiffs filing medical malpractice claims must comply with Florida’s medical opinion laws, we will take care of all required paperwork to ensure we meet the legal requirements so your case can proceed.
Our job is to handle legal matters while you recover. We will guide you through the process, explain what to expect during settlement negotiations, and help you make informed decisions until you get the compensation you deserve.
Jack Bernstein is a hard-working and highly motivated personal injury attorney in Miami, Florida, with over three decades of experience. He is a strategist and ideas person, with a true passion for helping his company’s customers. If you have been injured, contact Jack Bernstein today for a free evaluation of your case. A hospital negligence attorney in Orlando, Florida knows that people rely on their medical providers to take care of them when they are sick. We trust them to heal us. However, sometimes medical providers harm patients. Medical malpractice is a term explaining a situation in which medical professionals cannot meet the standards of care for medical practice and the result is a patient who suffers harm.
My Baby Was Injured During Birth, Can I Sue
Misdiagnosis occurs when a medical provider fails to correctly diagnose your injury or illness and would not have done so if they had the proper skills or had taken the appropriate measures appropriate. If the misdiagnosis results in a worsening of the patient’s injury or illness that would have been avoided if the diagnosis had been correct, then the patient may be able to file a claim for compensation. It is difficult to prove that if the healthcare professional had provided an accurate diagnosis, you would have had a better outcome than what actually occurred. However, a hospital negligence attorney recommended by Orlando, Florida residents may be able to help you.
If you suffer an injury as a result of treatment unrelated to the original reason you sought medical care, then you may have the right to sue for damages. A hospital negligence attorney in Orlando, Florida can evaluate your case and determine what type of negligence occurred. Here are some examples of this situation:
A doctor must inform their patient of any risks associated with a treatment or procedure before administering it, if you know and accept these risks, this is called informed consent. If you are not aware or understand the risks associated with medical events, you cannot make an informed decision about whether you should follow through or not. If a doctor fails to inform you of a possible risk that later manifests itself, then a hospital negligence attorney in Orlando, Florida that families turn to may be able to hold the doctor liable for damages on your behalf .
Medical negligence generally occurs in situations where treatment or procedure inappropriate to the injury or illness is recommended; or when the treatment or procedure is performed and does not meet the standard of care. In the event of an injury, a patient may consider recovering damages.
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An Orlando, Florida hospital negligence attorney recommends knowing that in some cases the medical provider is not the one causing the injuries, sometimes it is due to the negligence of the nursing staff treating the patient before and after a treatment or procedure. This can happen if the medication is administered incorrectly or if the dosage of the medication is incorrect. This can even happen if careful attention is not paid to the needs of a recovering patient.
If one or more of these situations happens to you, then you should hire an experienced Orlando hospital negligence attorney who specializes in medical malpractice. A hospital negligence lawyer in Orlando, Florida is your best asset in such a case and can help you gather expert testimony proving that your medical provider is liable, negligent, and that you deserve compensation for any resulting damage.
A hospital negligence attorney trusted by Orlando FL residents can tell you that suing a hospital for negligence can be tricky. Hospitals