If you were injured while under the care of a medical professional, you may want to speak to The Law Office of Eric H. Luckman, P.A., a medical malpractice lawyer Delray Beach FL trusts. He has helped individuals receive justice for their injuries after an instance of medical malpractice. With a qualified Delray Beach medical malpractice lawyer on your side, you may have a better chance of obtaining the compensation you deserve.
Common Causes of Medical Malpractice Claims
Healthcare providers cannot guarantee that the care they provide will cure the illness or injury treated. However, the Hippocratic Oath, which is an oath historically taken by doctors, includes the promise “to abstain from doing harm.” This principle made its way into our common law, which allows an individual to bring a claim against a healthcare provider when the provider has failed to use reasonable care in the diagnosis, care or treatment of their patient.
According to the U.S. Institute of Medicine, as many as 98,000 patients die each year as a result of medical errors in hospitals. It is believed that more people die each in Florida from medical errors than from automobile accidents.
If a doctor or other medical professional fails to provide adequate treatment and injures a patient, the injured person has a right to bring a medical malpractice lawsuit. Here are some of the common causes of medical malpractice claims a medical malpractice lawyer in Delray Beach FL sees:
- Medication Errors: If a doctor prescribes the wrong medication or writes an incorrect dosage on the prescription, the patient may be harmed and should contact a medical malpractice lawyer Delray Beach FL respects.
- Surgery Errors: A medical malpractice lawyer Delray Beach FL counts on also deals with medical malpractice cases that arise in the operating room. If a surgeon is negligent at any time during the surgery, he or she could make an error and severely injure the patient.
- Anesthesia Errors: If an anesthesiologist gives a patient too much anesthesia or fails to monitor a patient’s vital signs, it can lead to permanent injuries or even death.
- Childbirth Injuries: If a doctor is negligent during childbirth or the prenatal phase, it can result in serious injuries in the child, such as cerebral palsy and fractured bones.
Who Is Responsible?
Medical malpractice claims are not limited solely to claims against medical doctors. Dentists, chiropractors, podiatrists hospitals and outpatient or ambulatory surgical centers, are all considered to be healthcare providers and are all subject to the medical malpractice laws that apply to medical doctors. These laws, which are found in Chapter 766 of the Florida Statues, have been changed substantially in the last 20 years. Victims’ rights have been limited, making it more expensive and more time consuming to bring a claim.
All of this makes it very risky for lawyers bringing malpractice cases, which means that lawyers must be very careful in deciding which cases to pursue. It can cost well over $50,000 in out of pocket expenses, as well as hundreds of hours of time, to bring a single case. Thus, unless the damages are significant, most lawyers cannot afford to prosecute an otherwise valid case.
Who Can Make A claim?
Obviously, the person injured due to medical malpractice can make a claim. In addition, if the malpractice victim was married at the time of the injury, the victim’s spouse can make a claim for their loss of their spouse’s services and companionship, as well as any impact their spouse’s injury has had on their intimate life. Finally, if the malpractice victim dies as a result of their injuries, their spouse is entitled to recover damages for the loss of financial support, love, comfort, care, assistance, companionship and for the mental pain and suffering. If the malpractice victim is survived by minor children (children who are under 25 years of age), these children also have a claim for their lost parental companionship, instruction, guidance and financial support and services, as well as their mental pain and suffering.
If you or a loved one has been injured or killed due to medical malpractice, please feel free to call me to discuss your case. Do not wait to contact a reputable medical malpractice lawyer Delray Beach FL depends on regarding your medical malpractice case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your accident and your rights.
If you are searching for a medical malpractice lawyer Delray Beach FL offers, contact The Law Office of Eric H. Luckman, P.A. at (561) 867-6010.