Doctors and medical professionals are human, but when the lives of our loved ones rest in their hands, we trust that they will exercise the highest standards of care. When they fail to use proper care, people get hurt. Common types of medical malpractice cases include misdiagnosis, failure to diagnose cancer, medical malpractice injuries, surgical mistakes, birth injuries and emergency room errors. This is a very complicated area of the law and it has a very short statute of limitations and numerous regulations which must be followed, including sending the health care professional a notice of intent to sue.
In order to recover damages, the claimant must show that the health care provider did not act with 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. A successful medical malpractice claim takes careful preparation, planning and a skilled legal presentation to make your case in the most effective manner possible.
No matter what the particular facts of your case happen to be, in order to recover for medical malpractice injury you will likely need to show that medical providers and/or a pharmaceutical company failed to give you or your baby adequate medical care or medication advice. Generally, to find a medical professional legally at fault, it must be shown that his or her conduct fell below a generally accepted standard of medical care. To establish the standard that will be applied, your attorney will most likely consult with and present the testimony of another medical expert, who is qualified in the same area of medicine as the defendant. This expert will indicate what standard or level of care is commonly met by those recognized in the profession as being competent and qualified to practice. Your attorney will present expert testimony not only as to the applicable standard of care, but also testimony establishing that the defendant failed to meet this standard in your case.
In 1989, a new law went into effect in for Florida that allows recovery where an infant is substantially and permanently mentally and physically impaired as a result of an injury during medical malpractice to present a claim to a state agency and recover specified damages and medical expenses. Damages can be recovered if the infant meets the statutory criteria, even if no one was at fault. This Act is known as the Neurological Injury Compensation Act. Parents can recover up to $100,000 and medical expenses for the life of their child. Further, the Act pays all attorneys' fees and costs.
If you believe that you may have suffered a medical malpractice injury and you would like to know your legal options, you should immediately speak with an experienced Cape Cod medical malpractice injury attorney. Click here for help.
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