How To Build Successful Florida Medical Malpractice Claims
Most individuals who go see their doctors do not question the advice and diagnosis or lack of diagnosis that the medical professional provides. We almost have it built-in that doctors are always correct and many times, we don’t think twice about what we are being told even when it comes to something as important as our health and wellness, or that of our family. Trusting our medical providers is baked in and if you are given poor advice or inaccurate advice the effects could significantly impact your health and quality of life.
When you have been the victim of medical error, this constitutes medical malpractice and you could have a valid claim for compensation for the injuries that resulted. A Tampa medical malpractice attorney is an excellent resource to discuss your experience and injuries and obtain the guidance you need to move forward with a claim pursuing your full legal justice.
Types Of Medical Malpractice Errors That Qualify For Compensation
The state of Florida ranked number 15 in the country for annual medical malpractice costs per capita during the timeframe of 2012 through 2016. It can be very difficult proving medical malpractice as less than a quarter of those pursuing claims will generally find success. However, for those that do obtain compensation, the amount received in medical malpractice jury trials are approximately 17 times higher than the average compensation awarded in tort jury trials.
Some examples of medical error that are suitable for a medical malpractice claim concerning medication distribution include:
- Being prescribed inaccurate drugs/medications
- Being prescribed inaccurate dosage of medications
- Being given the wrong concentration of medication
- Being given a drug too quickly
- Not being given the drug in the correct form
- Being given a prescription that interferes with other drugs a patient is taking
Additionally, other negligent or careless acts can also be forms of medical malpractice that may cause injuries to patients.
- Misdiagnosis of life-threatening conditions or failure to diagnose correctly and providing ineffective treatment as a result
- Leaving medical instruments or debris in a patient’s body after surgery
- Operating on the wrong body part during surgery
- Childbirth errors leading to complications for the mother, child, or both
Medical Malpractice Payments In Florida
There were 948 payment claims made in Florida in the year 2018, and 15 of those payments were more than $2,000,000. The majority of settlements made were between $250,000 and $499,000. Most of the medical malpractice claims, 99% to be exact, will include a jury trial. This is compared to regular personal injury claims where 93% will have a jury trial.
In 2017, the previous caps on compensation to victims for non-economic damages such as mental anguish or disfigurement were ruled unconstitutional by the Florida Supreme Court. The court determined that these caps provided compensation much lower than what was fair for victims who sustained the most serious injuries. The “Three Strikes Rule” in Florida aims to revoke the medical license of any practitioner who has three malpractice judgments against them. However, this rule hasn’t necessarily been strictly enforced in the medical community throughout the state. What does this mean for you? Simply put, you could be seen by a doctor that has had at least three claims under their belt making the treatment you receive questionable.
Finding A Knowledgeable Florida Medical Malpractice Attorney
You must retain representation from an attorney that has ample experience and depth about medical malpractice in the state of Florida. Because of the complexity of medical malpractice cases and the intense impact injuries can have on your quality of life, it is critical that you see your full legal justice and the highest amount of compensation to help you with your recovery and damages.
A Florida serious injury attorney at Fulgencio Law will help you recover the compensation you need to move forward with your life after you have been victimized by medical errors. Do not wait to call our team of Tampa medical malpractice injury attorneys at Fulgencio Law today. We will examine your situation and put together an effective case for you with your best interests in mind. We care about your wellbeing and your legal justice. We are here to discuss your injuries and experience with you during a free consultation at (813) 463-0123.
