Do You Have a Medical Malpractice Claim?
Doctors and medical providers are some of the most integral members of our society. We look to them to provide us with the vital, health and wellness care we need in our daily lives and to help us when we get sick or get injured. And while their opinion is one that we often look to for guidance, medical providers can make mistakes too, and sometimes those mistakes are a product of negligence and can even lead to devastating illness and injury. According to Mr. Charles Spinner or Spinner Law Firm, considered the best personal injury attorney Lakewood Ranch has in practice, all across Florida, we have seen an alarmingly high rate of medical negligence these days. Each and every year, tens of thousands of Floridians are lost to medical mishaps and errors made either during surgery or at the point of care. When you ask any medical malpractice attorneys Sarasota experts like Charles Spinner will tell you, despite its prevalence, medical malpractice is one of the most difficult types of personal injury claims to make. When filing a medical malpractice lawsuit, you are often combating larger malpractice insurance companies that will fight tooth and nail for their clients, and no matter how legitimate your case might be, it will be a difficult time getting the compensatory damages you deserve. To best equip victims of medical malpractice, in this article we will be going over a few vital facts to know about medical malpractice.
Breaching the Standard of Care
It's important to know that not all medical errors and mishaps that occur at the point of care reach the level of medical malpractice. In order to accurately pursue a medical malpractice claim victims and their attorneys must demonstrate the healthcare provider made an error that falls below the “prevailing professional standard of care”. According to Mr. Spinner, the best personal injury lawyer Lakewood Ranch has in practice, under Florida Statute section 766.102, “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers”. Lakewood Ranch injury lawyer Charles Spinner advises that the prevailing standard of care is different for all circumstances as well. In some cases, for example, ER doctors have more leeway for their treatment, as they often must make decisions in split seconds.
Proof of Causation
Another vital part of Florida medical malpractice claims is that proof of causation is required. In the event a doctor makes an error that ends up having no bearing on the outcome of your health and causes no damages, then even if it falls below the prevailing standard of care - you have no medical malpractice claim. According to Mr. Spinner, one of the best medical malpractice attorneys Sarasota has to offer, causation can come in many different ways. For instance, misdiagnosis is a common factor. In the event a doctor failed to properly diagnose your issues, and your condition continues to deteriorate, you have a case for causation. In other cases, when a surgeon leaves an item in a patient during surgery - the causation is far more obvious, as there is no question this is negligent and they are the cause. A medical malpractice claim is then justified.
Medical Malpractice Claims Can Vary in Type
According to Lakewood Ranch injury lawyer, Charles Spinner, it's important for victims to understand that medical malpractice claims can take on many different forms. While some cases might be as simple as a misdiagnosis, others can be more complex. As the best personal injury lawyer Lakewood Ranch has in practice, Mr. Spinner and his team have helped countless victims to recover millions of dollars in damages over the years for a wide variety of cases and claims. Other common forms of medical malpractice include anesthesia errors, a failure to treat, medication and prescription errors, surgical mishaps and much more. Victims of medical malpractice are often surprised that they actually have a case at times.
For more information on medical malpractice claims and more, be sure to contact Spinner Law Firm