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Medical Malpractice

Sebastian Medical Malpractice Attorneys

What is a Medical Malpractice Claim?

Listen to this personal message from Steven Lulich, one of our Medical Malpractice Attorneys
A medical malpractice claim occurs when a patient has been injured as a result of a medical treatment. There are many different types of claims:

  • Wrongful Death: occurs when a patient dies as a result of the negligence by a physician.
  • Hospital Negligence: occurs when the employee who was negligent is under the hospital’s control. Often, doctors are independent contractors; therefore, in this case the hospital wouldn’t be liable for the negligence of a doctor.
  • Misdiagnosis are the most common type of medical errors. It is important to seek a second opinion to prevent this negligence from happening. The most common types are: depression, heart attack, cancer, depression, and stroke. Doctors often have a difficult time diagnosing these different type of diseases.
  • Birth Injury occurs and parents are left wondering why a birth related injury occurred when they were not warned. If this happens, it is best to investigate the situation and determine if your physician should have warned you about the injury before the child was born. Often times, physicians fail to warn the parents about the possibility for this type of injury and as a result they face a possible medical malpractice claim.
  • Medication Errors are a result of a nurse’s negligence over 65% of the time according to a recent study. This happens when the patient is prescribed, under prescribed, or overprescribed medication.
  • Anesthesia Errors are a result of the negligence in administering anesthesia to a patient. These errors often occur during surgery and lead to painful results.
  • Surgery Errors are experienced by more than 4,000 people per year.

Recoverable Medical Malpractice Damages

  • Medical Injuries
  • Lost Wages
  • Pain and Suffering
  • Loss of Consortium

Florida holds more than 70,000 physicians. With this many workers in the health industry, it leaves a huge potential for negligence. In 2014, Florida saw 983 medical malpractice payment claims made. It is a common occurrence and if you believe you have been injured, don’t wait to contact one of our medical malpractice attorneys.

How do I prove my Medical Malpractice Claim?

  1. Special Relationship: a special relationship is the first requirement to a medical malpractice claim. Our Sebastian attorneys will advise you that a doctor patient relationship is the first requisite that we must find in order to find that an individual has a medical malpractice claim.
  2. Duty: once a special relationship is formed as discussed above, then the doctor now becomes liable for the patient. Specifically, this means that the doctor is liable for any negligence during the course of treating the patient. This negligence will be determined by what a reasonable doctor with similar skill, care, training, and education would do under similar circumstances.
  3. Breach of Duty: establishes that the physician has acted negligent. When a physician has acted negligent, they have “breached their duty” and have done something that causes pain or harm to the patient.
  4. Causation: is a critical part of a medical malpractice claim since it requires that our attorneys establish that the patient’s harm was the proximate cause of the physician’s negligent. An attorney must prove that the two are connected and that the harm the patient received is in fact from the doctor.
  5. Damages: for most personal injury claims, damages is an essential part. Without any damages or injuries, in most cases there is really not a lawsuit. Damages generally come in two forms: economic and non-economic. Our team assesses if our client has incurred additional expenses such as medical expenses, pain and suffering, lost wages, or a limited ability to receive future earnings. For information about emotional distress, click here.

Contact one of our Medical Malpractice Attorneys to determine if you have a claim. Our firm understands the stress and toll that you or a loved one is going through. Trust our firm to help guide you through the complex process of filing a claim. Contact our offices for a FREE CONSULTATION today.

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