Every year, there are thousands of medical errors and instances of negligence that lead to major consequences for patients and their families.
Medical malpractice or negligence is something that has affected countless families throughout Florida and the nation. Unfortunately, it only comes to light when a patient has the bravery to go to court after being seriously injured or left with permanent damage as a result of a doctor’s mistake or failure to follow standard protocols.
If you have been the victim of medical malpractice, you may be wondering if there is any legal recourse available to you. Let’s explore some of the top reasons why you should file a medical malpractice lawsuit if you have been injured due to another party’s negligence.
You Have Solid Evidence of the Negligence That Led to Your Injuries
When you file a medical malpractice lawsuit, you will have to prove beyond reasonable doubt that your injuries were a direct result of a doctor’s negligence. This can be difficult to prove, and you will need solid evidence to demonstrate that negligence occurred.
If you have been able to keep any records of a surgery that could support a potential malpractice lawsuit, you need to make copies and give them to a lawyer so they can start building a case. Additionally, if you have consulted with an expert who can confirm that your injuries are the result of negligence, you may have the evidence you need to file a successful lawsuit.
Your Doctor Refuses to Acknowledge Their Negligence or Provide Any Compensation
In some cases, a doctor who is aware they were negligent may refuse to apologize or provide compensation for their mistake. When a doctor is aware of their malpractice and refuses to apologize or provide compensation, you may be able to file a lawsuit against them and win compensation for your injuries in court.
It’s possible to win even more compensation than you would if the doctor had acknowledged their mistake in the first place. For example, the amount that a doctor may offer you in exchange for not bringing them to court can be much less than what you stand to win in a lawsuit.
The Negligent Party Is a Licensed Professional Who Has Malpractice Insurance
In many cases, professionals who work in the medical field are required to have malpractice insurance coverage. That said, doctors practicing in the state of Florida are not required to have malpractice insurance by law.
In the event that you are injured due to their negligence, you can attempt to file a medical malpractice lawsuit against the insurance company that issued their policy. In many cases, these insurance companies will be willing to settle out of court to avoid lengthy and expensive court cases.
You should be aware, however, that in some cases, your doctor will ask you to sign a binding arbitration document before receiving treatment. Private arbitration agreements are designed to protect the doctor from liability. These documents can include clauses that make it more difficult to receive compensation. If you have already signed such a document, you need to show a copy of it to a lawyer and if you haven’t signed one yet, you should continue to avoid doing so.
You or Your Loved One Suffered Serious or Permanent Physical Harm
The most obvious reason to file a medical malpractice lawsuit is if you or someone you love has been seriously injured or permanently harmed. While an apology with financial compensation may be enough to satisfy some victims, others may feel that justice has not been served.
Whether you are seeking justice for yourself or a loved one, filing a medical malpractice lawsuit is the best way to make it happen. Depending on the severity of your injuries and the culpability of the doctor or healthcare facility, you may be able to receive a significant amount of compensation for your pain and suffering, especially for any permanent damage.
You Know Who the Negligent Party Is and Can Identify Them in Court.
Depending on the severity of your injuries and the amount of evidence you have, you could stand to make a fortune by suing the doctor that injured you. It’s especially helpful to know exactly who caused the injury. In operations that involve multiple surgeons, for example, it would be crucial to be able to prove which surgeon caused the injury.
If you know who the negligent party is and can identify them, you need to find a lawyer that specializes in medical malpractice suits and bring them to court to get the compensation that you deserve.
Medical malpractice is a significant problem that can ruin lives. While some of the injuries may be temporary, others never fully recover and live in pain for many years. Doctors are supposed to heal people not hurt them, which is why you should sue them for damages whenever they cause you harm.
Once you have decided to pursue a medical malpractice suit, you’ll need to find a lawyer. The entire outcome of your case depends on your lawyer’s ability to persuade the court. While the evidence is always important, your lawyer’s persuasiveness is just as critical to your case.
Have You Been Injured by Your Doctor? Call Anidjar & Levine and Get Compensation ASAP!
The lawyers at Anidjar & Levine have handled a wide range of cases including plenty of medical malpractice suits. The sooner you call our office, the sooner you can start the process and get compensated for your injuries. Remember, you deserve to be compensated, and the doctor that harmed you should be taken to court.
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