Negligent Security Seminar | March 2015

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Medical Malpractice Attorney starstarstarstarstar

While everyone makes mistakes, mistakes in medicine can cause real harm to you as a patient. Medical malpractice cases may involve your doctor or a nurse, dentist, medical staff or any other staff working in a medical facility. Malpractice occurs when a professional deviates from the standard of care and causes real harm to you as a patient. The basis of medical malpractice is negligence from your health care provider. Medical errors cause over 1 million injuries each year and as many as 100,000 deaths annually.

There are many mistakes that can result in harm to you or a child. Common cases of malpractice include:
Medication errors in which the wrong medication is prescribed, a medication interferes with one the patient is already taken or a medication is prescribed to a patient that is allergic
Birth trauma mistakes or obstetric malpractice that results in injury to the child
Wrong site surgery in which a procedure is performed in the wrong location
Surgical errors
Gastric bypass surgery mistakes
Failure to diagnose, delayed diagnosis or misdiagnosis, which may cause harm to the patient as the illness or problem will continue to get worse without proper treatment

You Have Options.
If something goes wrong during your medical treatment, you do have options — and rights. At Leighton Law, we’ll help you determine if you have a case and discuss the benefits of filing a claim. Many times, health care professionals attempt to frighten patients away from pursuing a lawsuit by claiming they’ll be better off with a small settlement. Do not accept a settlement until you’ve discussed your options with a lawyer who specializes in these cases.

Time is of the essence, however, as state law protects health care professionals from liability past a certain point. It’s important to speak with a medical malpractice attorney as soon as possible to file a claim before your window of opportunity closes.

Proving a Medical Malpractice Claim

We’ll explain the steps that need to take place to prove your malpractice claim in court, if necessary. In general, you must be able to prove four basic requirements before a claim can be filed:
The health care professional was negligent. It must be shown that the doctor caused you harm or suffering in a way that was not competent. This may require a medical expert to prove the standard of treatment in your case.
There was a doctor-patient relationship. This requirement may be the easiest to prove as you must show the physician was indeed the doctor you hired and agreed to be your physician.
The negligence caused injury or harm. Unfortunately, most cases of malpractice involve someone who was already hurt before seeing the doctor. This can make it tricky to prove that what the doctor did actually caused the injury or harm. A medical expert, however, can demonstrate the the doctor’s actions directly caused the harm.
The harm or injury led to damages. Finally, there must be specific damages associated with the claim. This includes lost wages or earning capacity, more medical expenses, mental anguish and physical suffering and pain.

If your doctor or health care provider has been negligent and your treatment was worse than the accepted standard, the medical malpractice attorneys in the Miami and Orlando offices of Leighton Law are here to help. We’ll help you receive the compensation you deserve after one of these devastating and harmful mistakes hurts you, your spouse or your children.



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