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Medical Malpractice Explained


Date: April 3, 2015

What does a medical negligence consist of?

Any patient who has suffered by medical malpractice can sustain catastrophic injuries. With the severity that medical professions consist of, mistakes still happen. Those mistakes can lead to what is known as ‘medical malpractice’. The mistakes they make are extremely critical because they deal with life or death situations on a daily basis. It is not like an accountant making a calculation error. Medical professionals and facilities need to take special precautions when treating or caring for their patients because their job requires a lot of attention and skill.

Medical malpractice is complex. It requires medical experts to determine whether or not the person who committed the malpractice acted under the standard of care, which is when a doctor who is in the same field would have acted the same way that the doctor who made the mistake would have given the same situation. If it is found that the doctor would not have done the same as did the physician in question, then there could be a medical malpractice claim.

Common Errors Caused By Medical Professionals

Medical professionals in all fields can make mistakes. No one is perfect but when a mistake is done by a physician, it can be fatal. Mistakes in that field should not be happening, but unfortunately, we are all human. Below will be listed some everyday medical malpractices that happen:

  • Delayed/Misdiagnosis
  • Anesthesia Mistake
  • Medication Error
  • Surgical Mistake
  • Early discharge
  • And more

In order for any of these errors to become a medical malpractice claim, the victim would have no show how the doctor acted unreasonably and unskillful and that mistake is what led to their injuries. The proof of burden has to be given.

Medical Malpractice Data

Here are some numbers about medical malpractice from the year 2012.

  • There was a total of $3.6 billion in payouts across the U.S
  • 93% were from settlement
  • 5% were from judgment
  • 12,142 people received payouts
  • $203,671,100 was paid in Florida, while $763,088,250 in New York
  • 31 percent were deaths

As these numbers show, medical malpractice is not a rare occurrence, and when it happens, victims ususally ge tpaid large sums of compensation.

Medical Miami Malpractice Lawyers

Percy Martinez law firm knows how difficult a medical malpractice claim can be especially with so many attributing factors and the fact that the person claiming may have already had a medical condition, to begin with. Medical malpractice negligence can result in wrongful deaths and even permanent damage. Anyone who became a victim must contact a lawyer from Percy Martinez’s firm. They have fought for the victims right and have worked alongside medical experts to gather the best information against the defendant.

The Miami Personal Injury Lawyers will use their skill and knowledge to get the victim the money they deserve. The victim has suffered enough. It is time to get compensated and begin the road to recovery.

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About the Author

Attorney James A. Abate practices Criminal Defense, DWI Defense, Business Litigation, Real Estate & Personal injury cases in Union County, New Jersey.