A patient may bring a medical malpractice lawsuit against a doctor, healthcare provider or a hospital if they can prove the parties failed to perform their duties competently and with a reasonable standard of care. Medical mistakes can cause new or aggravated injuries that result in permanent damage, and sometimes in death.
According to an article by the Advisory Board Company titled, “Medical errors may be the country’s third leading cause of death,” preventable adverse events or (PAEs) at U.S. hospitals account for as many as 440,000 patient deaths a year.
Medical malpractice takes many forms. Some examples include:
- Failure or delay in diagnosing a medical condition (or misdiagnosing it)
- Surgical-or anesthesia-related mishap during an operation.
- Failure to disclose to the patient the risks associated with a procedure – so that ‘informed consent’ is never obtained
- Failure to manage a pregnancy or deliver a baby in a safe manner
- Failure to properly treat a medical condition after making a correct diagnosis
- Failure to administer medications properly.
Thankfully, victims of medical malpractice and their families can seek redress and accountability through the legal system for their injuries. However, medical malpractice litigation is very complicated with each case evaluated for its own set of unique circumstances and merits. However, in any and all medical malpractice cases, three key elements must be established to determine the validity of the case:
- Proximate (immediate) cause. Did the negligence cause the injury?
Failure to prove any one of these essentials means that the plaintiff has not made their case and there are no exceptions to that rule. Therefore, it’s important to choose a medical malpractice attorney who understands how courts and juries define these key elements. Also make sure your legal team has a reputation of experience and a record of success handling cases like yours.
Most medical malpractice cases are handled on a contingent fee agreement. That means the law firm assumes risk in taking on your case and will not be paid unless a settlement or verdict is reached.
For more than 35 years, Babbitt & Johnson P.A. has aggressively represented victims of medical malpractice.
If you or a loved one has been injured due to medical or hospital negligence, contact a West Palm Beach personal injury attorney at Babbitt & Johnson P.A. Call us at (561) 375-2841. We are focused on obtaining maximum recovery after a serious injury or wrongful death caused by medical malpractice.