Key Takeaways Hospitals often opt for out-of-court settlements to minimize costs, maintain their reputation, and expedite dispute resolution. The settlement process in medical malpractice cases includes initial consultations, evidence collection, negotiations, and often results in agreements regarding compensation and confidentiality. Only about 7% of medical malpractice claims go to trial, with many victims preferring settlements […]
Key Takeaways Medical negligence, when resulting in death, can lead to wrongful death claims filed by eligible family members for financial and emotional damages. A successful medical malpractice case requires proving duty of care, breach of that duty, direct causation of injury, and the presence of damages, supported by strong evidence. Compensation in wrongful death […]
Key Takeaways Establishing a doctor-patient relationship is essential as it confirms the duty of care necessary to prove negligence in a medical malpractice case. Demonstrating medical negligence requires showing that the healthcare provider failed to meet the standard of care, directly linking that negligence to the patient’s injury. Having experienced legal representation is crucial for […]
Key Takeaways Key indicators of medical malpractice include unusual complications, misdiagnosis, surgical errors, medication mistakes, and lack of informed consent. Proving medical malpractice in court requires establishing a patient-doctor relationship, demonstrating a breach of standard care, and linking negligence to the patient’s injury. Victims of medical malpractice can seek compensation through economic, non-economic, and punitive […]
Key Takeaways Hospital malpractice occurs when a patient is harmed due to a hospital’s failure to provide an appropriate standard of care, encompassing various errors such as incorrect dosages and failed diagnoses. Establishing liability in hospital malpractice cases can involve both vicarious liability, where hospitals are responsible for their employees’ actions, and direct liability stemming […]
Key Takeaways Immediate medical attention and detailed documentation of symptoms and treatments are crucial after suspecting a misdiagnosis to safeguard health and support potential legal claims. Seeking a second opinion from another qualified medical professional is essential to confirm the accuracy of a diagnosis and ensure appropriate treatment. To establish medical negligence in misdiagnosis cases, […]
What Doctors Have the Most Malpractice Suits? Some doctors are more likely to face malpractice suits than others, often due to their specialty, years of experience, or the complexity of their cases. High-pressure fields like surgery, obstetrics, neurosurgery, and anesthesiology come with higher risks because even minor medical errors can have serious consequences. While one […]
An expert witness is a specialist in the same medical field who knows the standard of care for that procedure that resulted in the alleged malpractice and who can testify whether the medical practitioner’s actions violated the standard of care and caused the patient’s injuries. Under Florida law, a person can’t testify about the current […]
Unfortunately, some doctors do not provide the correct diagnosis. This can be a form of medical malpractice and can bring significant pain and loss. What to do when a doctor misdiagnoses you is crucial to understanding your options and protecting your health. What Is Misdiagnosis? Misdiagnosis occurs when a medical professional incorrectly or inaccurately diagnoses […]
What Is Medical Malpractice? Even the most careful doctors can make a mistake. Medical malpractice occurs when a doctor’s treatment differs from that a similarly trained practitioner would have given under identical circumstances. Common examples of medical malpractice include: Lack of Informed Consent— Doctors must obtain informed consent from their patients before administering a care […]
