Medical malpractice and wrongful death often have a tragic link that cannot be uncoupled. Thus, you must know what medical malpractice is and what to do when medical malpractice leads to a loved one’s death.
Hiring a medical malpractice lawyer could help you seek the compensation you need to keep your family from suffering financial ruin. In addition, you almost certainly want justice for the harm you or a loved one has suffered. Moreover, a wrongful death lawyer will work to get the justice you deserve if your family member died because of a medical error.
What Is Medical Malpractice?
Medical malpractice is negligence that occurs in the medical sector. Per Florida Statutes § 766.102, negligence occurs when a medical professional fails to meet “the prevailing professional standard of care for that health care provider.” The statute also defines that standard of care: “(T)hat 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.”
Health care providers who you could hold liable for medical malpractice include the following:
- Owners of medical facilities
- Any other person or institution responsible for patient care
Because medicine has inherent risks, it’s not always easy to recognize medical malpractice. However, our attorneys have years of experience leading medical malpractice cases, and we work with experts to identify medical malpractice—including medical malpractice that causes someone’s death.
Medical Malpractice Can Cause Wrongful Death—And, Tragically, Often Does
A study published by Johns Hopkins Medicine suggests medical errors are the third-leading cause of death in the United States. Furthermore, the study indicates more than 250,000 people die yearly due to medical errors.
Medical professionals have a legal duty to protect their patients from harm. However, when a medical professional fails to protect the patient or causes injury through negligent actions, you can hold them responsible for the harm they cause.
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How Does A Lawyer Prove Medical Malpractice?
An attorney from our firm will work to prove fatal medical malpractice by:
- Establishing that liable parties owed your family member a duty of care, which requires medical professionals to act as any reasonable person would in the same circumstances.
- Proving the liable medical professionals violated their duty of care.
- Establishing a link between violating the duty of care and your loved one’s death.
Once we establish these points, we’ll provide proof of your damages.
Examples Of Fatal Medical Malpractice
Unfortunately, many forms of medical malpractice could prove fatal, including the following:
- Misdiagnosis or delayed diagnosis of a fatal medical condition
- Surgical errors
- Operating on the wrong body part
- Failure to order emergency treatment
- Causing a birth injury
- Failure to warn a patient about a procedure’s risks
- Causing an infection due to unsafe conditions
Any time a medical provider puts a patient at unnecessary risk, they might be guilty of malpractice. So, if you believe your loved one passed away due to malpractice, our team will review your case. Then, if we find that you or a loved one are the victim of malpractice, we’ll take legal action to get the justice you deserve.
Why Does Medical Malpractice Happen?
Medical malpractice can happen for many reasons, including the following:
- Time constraints: The Journal of General Internal Medicine found many doctors rush through office visits due to several factors. No matter the reason, hurried patient care can lead to delayed, missed, or incorrect diagnoses.
- Lack of familiarity with patients: When doctors spend little time with patients, they may be unable to develop a complete health profile. This lack of familiarity could contribute to medical errors.
- Impairment: A medical professional under the influence of alcohol or drugs, sleep-deprived, or impaired in any other way risks patients’ health.
Sometimes, medical malpractice happens for no apparent reason. Unfortunately, a qualified, attentive medical professional could make the wrong decision—and that decision may prove fatal.
However, every time medical malpractice claims a life, survivors deserve justice. Our attorneys work hard to obtain justice for them.
What To Do If You Suspect Medical Malpractice Caused Your Loved One’s Death
You might want to hire an attorney from our firm if you suspect medical malpractice led to your loved one’s death. In the meantime, protect any relevant evidence from contamination or loss.
You may hire a wrongful death lawyer because:
- You are unprepared to lead a wrongful death case.
- You want financial support from our law firm.
- You believe an experienced attorney is more capable of winning adequate compensation.
- You want to focus on the grieving process and your loved ones.
How An Attorney Will Help You After A Medical Malpractice-Related Death
Our legal team will lead every step of your medical malpractice-related wrongful death case, assisting you by:
- Securing evidence proving that medical malpractice occurred.
- Documenting every damage resulting from medical malpractice.
- Calculating the value of your damages.
- Identifying liable parties.
- Leading settlement negotiations.
- Completing a trial if necessary.
We handle every detail of your wrongful death case. You focus on your family.
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Recoverable Damages in Fatal Medical Malpractice Cases
Per Florida Statutes § 768.21, recoverable wrongful death damages in a fatal medical malpractice case could include the following:
- Pain and suffering (of both the decedent and survivors)
- Funeral expenses
- Medical bills
- Lost financial support
- Loss of consortium
Call the Law Offices of Anidjar & Levine Today for a Free Consultation About a Medical Malpractice Wrongful Death Case
Our attorneys extend our condolences for your loss, and we will work hard to get justice for your loved one’s death due to medical malpractice. However, don’t wait to contact us; we likely face a filing deadline for your wrongful death case.
Contact the Law Offices of Anidjar & Levine today for your free consultation.
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