All doctors take a Hippocratic Oath to do no harm and to always help all their patients to the best of their abilities when they graduate from medical school, but not every doctor lives up to that promise once they get into a clinic, hospital, or operating room. In fact, misconduct by healthcare providers is one of the leading causes of accidental injuries across the country, which means it is also one of the more common grounds for a personal injury lawsuit.
Filing suit over medical malpractice works differently in practice than most other types of injury claims. If you want a fair shot at getting financial recovery from the medical professional who irresponsibly harmed you, getting representation from a North Miami medical malpractice lawyer who has handled cases like yours successfully in the past should be among your top priorities.
Doctors are subject to a standard of care based on what an equally qualified doctor would have done under the same circumstances. Malpractice occurs when a doctor harms a patient through a serious breach of the standard of care applicable to them. Generally, proving this requires extensive evidence, as well as formalized support from a medical expert who has reviewed that evidence and believes a legally actionable error has occurred. A North Miami medical malpractice attorney could handle gathering evidence and support from a medical expert on an injured person’s behalf.
However, individually negligent physicians are not the only people who could be held liable for malpractice-related injuries. In many cases, it is possible to sue the owners and administrators of medical facilities where malpractice occurred over the misconduct of their employees, which can allow for far greater financial recovery than a claim filed solely against a single doctor.
Proving liability can be crucial to recovering fully and fairly for the immense harm that a doctor’s mistake can cause, particularly if it is something like a cancer misdiagnosis or a birth injury that results in life-changing and irreversible losses. While no two cases are exactly alike, examples of compensable damages that often play a role in malpractice litigation include:
Florida state law used to place artificial caps on how much money an injured person could demand for non-economic damages of medical malpractice, such as physical pain and psychological distress. Fortunately, the state Supreme Court struck down those caps as unconstitutional. A seasoned medical negligence lawyer in North Miami could help demand restitution for the full value of all damages stemming from a specific error.
No one expects to leave a hospital or doctor’s office in worse physical condition than when they first arrived. Unfortunately, the negligence of one or more healthcare professionals could result in serious harm to patients who trusted those professionals with their well-being.
If you have been hurt under circumstances like this, working closely with a skilled North Miami medical malpractice lawyer is essential to effectively pursuing civil compensation. Call Kaire & Heffernan today for a consultation.