attorney who handles hospital malpractice

by Prof. Clark Casper V 4 min read

Who is the best medical malpractice attorney?

You can rest assured that, as America’s largest personal injury law firm, Morgan & Morgan is uniquely equipped to handle virtually any medical malpractice case. Our attorneys can: Help you determine if you have a claim for compensation in a free case evaluation Collect and evaluate evidence in support of your claim Identify the full scope of your short- and long-term losses …

How to find a good medical malpractice lawyer?

Janet, Janet & Suggs has a team of experienced hospital malpractice lawyers on staff ready to handle the complicated process of suing the hospital and seeking to win appropriate damages. Δ. Call 1-866-742-3235 TODAY. We do not get paid unless you do.

How do you become a medical malpractice attorney?

The hospital malpractice lawyers of Saiontz & Kirk, P.A. have years of experience investigating complex medical negligence lawsuits. Our clients recover multi-million dollar settlements and verdicts every year and we have the resources to fight large corporations and hospitals to protect the interests of our clients.

How do you find a medical malpractice attorney?

Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.

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How do I sue a hospital?

How Do I Sue a Hospital for Medical Negligence?Collect evidence of the hospital's liability for your injuries, which may include testimony from a medical expert about the care you received.Calculate the value of your damages.File your lawsuit by the applicable legal deadline.

What are the 4 elements of malpractice?

What Are the Four Elements of Medical Malpractice?Duty: The duty of care owed to patients.Dereliction: Or breach of this duty of care.Direct cause: Establishing that the breach caused injury to a patient.Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.

What are the most common medical malpractice claims?

What Are the Most Common Medical Malpractice Claims?Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.

What do medical malpractice lawyers do?

Medical malpractice lawyers represent clients suing medical practitioners for professional misconduct (malpractice). Medical malpractice attorneys perform general civil litigation tasks and work with medical experts, analyze medical records, and conduct medical research.Sep 17, 2020

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What is the difference between negligence and malpractice?

The Key Difference Between Malpractice and Negligence In simple terms, medical negligence is a mistake that resulted in causing a patient unintended harm. Medical malpractice, on the other hand, is when a medical professional knowingly didn't follow through with the proper standard of care.

What are some examples of negligence?

Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.Feb 23, 2018

What are the five most common types of medical malpractice?

What are the 5 Most Common Types of Medical Malpractice Lawsuits?Misdiagnosis. Failure to diagnose an illness is a common medical mistake. ... Surgical errors. ... Failure to treat. ... Birth injuries. ... Prescription drug errors.

What is an example of negligence in the medical field?

Here are some examples of medical negligence that might lead to a lawsuit: Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery.

How do you prove medical malpractice?

To prove that medical malpractice occurred, you must be able to show all of these things:A Doctor-Patient Relationship Existed. ... The Doctor Was Negligent. ... The Doctor's Negligence Caused the Injury. ... The Injury Led to Specific Damages. ... Failure to Diagnose. ... Improper Treatment. ... Failure to Warn a Patient of Known Risks.More items...

Can you sue a hospital for negligence?

If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training.Apr 24, 2020

What are examples of medical law?

Medical law is the body of laws concerning the rights and responsibilities of medical professionals and their patients. The main areas of focus for medical law include confidentiality, negligence and other torts related to medical treatment (especially medical malpractice), and criminal law and ethics.

What Is Medical Malpractice?

Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...

Examples of Medical Malpractice

Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...

How Do You Know If You Have A Medical Malpractice Case?

You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...

Damages in A Medical Malpractice Case

Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...

What Does A Medical Malpractice Attorney do?

If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...

How Long Do You Have to File A Lawsuit For Medical Malpractice?

Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...

Why Morgan & Morgan Has Won Millions For Injured Patients

Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...

Hospital Malpractice Lawsuits Reviewed Nationwide

In times of emergency, patients turn to hospitals and surgical facilities for treatment. Unfortunately, the quality of care provided at one hospital can be substantially different from what is provided at another facility. If a hospital makes a mistake, it can result in serious injuries, or even death, for the patient.

Contact Our Lawyers to Review a MEDICAL MALPRACTICE CASE

Some of the common injuries that may occur at a hospitals as a result of a medical mistake or negligent care are:

HOSPITAL NEGLIGENCE

The quality of care at a hospital is significantly influenced by the training, education, supervision and resources provided to the employees.

What are the consequences of hospital negligence?

Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.

Why are hospitals being sued?

Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.

What is negligence in medical malpractice?

Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.

Can a hospital be sued for medical malpractice?

Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law. Each state has its own specific laws meant to govern medical malpractice, as well as what is required to bring a lawsuit against a hospital.

What is medical malpractice?

Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.

Is a doctor considered an independent contractor?

While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.

What is hospital negligence?

Hospital negligence may be direct, such as: Losing, mishandling, or unlawfully transferring confidential patient records. Disregard of proper medical care standards. Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law.

What does it mean when you file a medical malpractice lawsuit?

When you file a medical malpractice lawsuit, you are saying that you have been harmed by a healthcare provider’s substandard care and that you want compensation for the harm – or damages – you have suffered.

Who is Cliff Rieders?

In 1999, The Institute of Medicine had just published its blockbuster report, “To Err Is Human; Building a Better Health Care System.” When attempts were made in 2002 to create insurmountable hurdles to bringing legitimate medical malpractice cases, Cliff Rieders was President of the Trial Lawyers, now called the Pennsylvania Association for Justice.

Who was the original patient safety authority?

Cliff Rieders was one of the original appointees to the Patient Safety Authority in Pennsylvania. With approximately 330,000 incidents and serious events reported each year to the Patient Safety Authority, and only 1,400 lawsuits filed in the same year, it is readily apparent that many preventable patient harms go uncompensated.

Can a hospital be negligent?

Not everyone with privileges at a hospital automatically make that hospital negligent. The Mcare Act, which Cliff Rieders participated in the writing of, specifically addresses when a hospital is negligent because an individual appears to be a hospital employee even if that person is not, in fact, a hospital employee. Under certain circumstances, a hospital can be responsible even for non-employees of the hospital.

Injury or Death From Medical Negligence

As a patient, you entrust your health and your very life to the hands of physicians, surgeons, nurses and other medical professionals. You assume that their advanced training, practical experience and state-of-the-art equipment will protect you. So it is shocking and maddening when an injury or death occurs because of a breach of that trust.

Proven Results in Florida Medical Malpractice Cases

Our experienced attorneys have handled all types of medical malpractice claims resulting in injury or disability, illness or infection, or untimely and preventable deaths:

Determining If Medical Malpractice Has Occurred

Not every adverse outcome constitutes malpractice. Some ailments cannot be cured. Some patients cannot be saved. But when a minor or routine procedure results in paralysis, organ damage or death, something went horribly wrong. If doctors missed telltale signs of cancer or did not order the appropriate tests, their competence should be questioned.

Prepared to Go the Distance

Our goal is a to achieve a judgment or settlement that fully covers all past and future medical care and rehabilitation costs, lost earnings and fair and reasonable compensation for our client’s pain and suffering, or in the case of wrongful death, corresponding damages paid to survivors for the death of a family member.

Statewide Representation in Florida Medical Malpractice

Feldman Legal Group has the experience and resources to take on medical providers and their powerful, highly paid law firms. Contact us to discuss your potential claim in a free initial assessment. For your convenience, we can meet you at your home, the hospital or a public place of your choosing.

What are some examples of medical malpractice?

Examples of medical malpractice lawsuits resulting from a physician's error, misdiagnosis, or failure to diagnose a medical condition include some of the following: 1 Failure to diagnose cancer 2 Failure to diagnose a heart attack 3 Failure to diagnose a stroke 4 Failure to diagnose a ruptured appendix

What is the pre-suit period for medical malpractice in Florida?

The pre-suit investigation period helps to determine which defendants are truly liable for negligence as health care providers. Florida law also requires a prospective plaintiff to submit a verified written medical expert affidavit which outlines how the standard of care was breached, in which manner the standard of care was breached, what injuries or damages resulted from the breach in care, and that there is justification for the plaintiff's claim for medical malpractice. The medical expert opinion must come from a health care provider who holds an active medical license in the same field as the prospective defendant.

What can a medical malpractice lawyer do?

If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

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