Helpful legal medical malpractice frequently asked questions and some optional answers.
Q - What Is Medical Malpractice?
A – Medical Malpractice is a term used to describe any improper treatment or lack of treatment which violates medical standards committed by a doctor, health care provider, dentist, nurse, hospital and so on. If there duties depart from a standard of practice of those with similar training and experience, resulting in harm to a patient. Medical malpractice can include improper treatment, misdiagnosis, failure to treat, delay in treatment, prescription errors, failure to perform appropriate follow-ups, and more. Medical malpractice is sometimes not obvious and requires the review of a medical expert. A bad outcome is not necessarily medical malpractice. Medical procedures have its risk, even if done properly.
Q – What Are Medical Standards?
A – Medical standards is defined as the correct medical response to a given situation. Medical standards are found in medical books and taught in medical schools. Medical standards also change over time as medical procedures change.
Q- Who Is Held Responsible For Medical Malpractice?
A – Medical Malpractice claims may be pursued against those who provide negligent medical care to a patient, including doctors, nurses, hospitals and more.
Q – What Should Be Done First In Pursuing A Medical Malpractice claim?
A – The first thing that should be done when pursuing a medical malpractice claim is finding out if any kind of medical malpractice or medical negligence was done to you. You should consult with a qualified attorney, who will often also consult with medical professionals, to review your matter, which will usually require your medical records
If you have a good case the next thing you need to do is give written notice of a claim to the individuals that have committed the medical malpractice.
Q – How Long Does A Medical Malpractice Case Take?
A – The length of a medical malpractice case varies from case to case. Most cases are settled prior to trial. Some cases are settled before even filing a lawsuit, while some are settled during litigation. A medical malpractice case if taken to trial could last a number of years.
Q – How Can I find out Information About My Doctor?
A – One source of information about doctors is “The American Medical Association” at www.ama-assn.org/aps/amahg.htm. Which can tell you about a doctor’s education, training, background, and the type of medical practice he has.
Q – Is There A Limit On How Much a claimant can recover for a medical malpractice claim?
A – In Florida non-economic damages are limited to $500,000.00 per claimant in most cases unless the plaintiff dies or is left in a vegetative state where the claimant can be rewarded up to $1,000,000.00. Total non-economic damages may not exceed $1,000,000.00. Punitive damages are limited to the lesser of three times compensatory damages or $500,000.00. Punitive damages are not capped if there was intent to harm.
