The medical standard of care is often a critical component of a medical malpractice suit. This term refers to how the medical staff provided care when the patient received treatment for a condition. To determine if the healthcare provider acted in a way that caused a medical concern for the patient, the court or judge must first find out what would have been the normal standard of care for that particular circumstance. As a result, another physician or medical expert may be asked to explain what he would have done in the same situation. If the judge or jury determines that the healthcare provider named in the suit departed from the expected standard of care, and the patient suffered his injury or illness because of it, the judge or jury may decide that it was medical malpractice.
Medical malpractice can lead to serious health complications and financial worries. That’s why Pegalis & Erickson offers expert help for medical malpractice victims. If you live on Long Island, call (516) 684-2900 to speak with one of our medical malpractice attorneys.
When a case is brought to court on behalf of a medical malpractice victim, the suit may involve both economic and non-economic damages. Economic damages address the financial consequences of negligence, such as unnecessary medical bills or lost wages. Non-economic damages address the other components of medical malpractice, such as emotional distress, pain and suffering, and damages to the next of kin in wrongful death cases. Back in 2003, a Florida law limited non-economic damages to $500,000 — $1 million dollars per each wrongful death/medical malpractice case, depending on the number of claimants. Recently, however, the Florida Supreme Court held that a cap on wrongful death non-economic damages is unconstitutional.
How Recent Ruling Changes Future Medical Malpractice Outcomes
With this change to the regulations of Florida wrongful death medical malpractice suits, medical malpractice attorneys can now ask for damages that truly reflect the harm inflicted on medical malpractice victims and their loved ones. Though no monetary figure can equal the pain and suffering that a victim’s injury, illness, or death may produce, medical malpractice lawyers can now seek a sum that mirrors the substantial loss that the plaintiffs may experience as a result of the negligence of a doctor or other healthcare provider.
What This Ruling Means for Medical Malpractice Victims
Though economic damages can help alleviate the financial costs of medical malpractice, they do not reflect pain and suffering, loss of enjoyment of life, and emotional injuries. This ruling means that survivors of someone who died due to medical negligence will be treated the same under the law as those who lost a loved one as a result of any other type of negligent act. Now compensation will be awarded whether the death was caused by a medical care provider, a malfunction of a product, or by a negligent driver. Pegalis & Erickson can help you receive the financial damages owed to you because of medical malpractice. To learn more about your rights as a medical malpractice victim, call us at (516) 684-2900. Our Long Island-based medical malpractice attorneys can guide you through your legal options.
Many people think of a hospital as the haven where they can find relief from their medical problems. However, studies indicate that hospitals may not be as safe as some individuals assume them to be. Medical malpractice accounts for thousands of deaths each year. If you require medical treatment, the following tips can help ensure that you leave your hospital healthier than when you enter it.
Research Your Options
Consumer Reports recently chronicled the reality of hospital care in the United States. The publication discussed several independent studies that researched the number of deaths caused by medical mistakes. Though they vary in number, the research estimates that thousands of people die due to oversights and errors made by medical staff. However, the number of medical malpractice-related fatalities varies according to the capabilities of different hospitals. For instance, reputable hospitals tend to experience fewer medical mistakes. Therefore, finding a well-ranked facility can potentially save your life.
Discuss Your Treatment
Once you choose a hospital, make sure you talk to each member of your medical team about your treatment. Some medical mistakes can be made through communication errors between doctors, nurses, and other medical professionals. Other mistakes occur simply because a medical expert fails to carry out the duties expected of him. When you engage your medical team about your treatment, make sure they are knowledgeable and consistent about your care needs.
Utilize Your Loved Ones
Depending on the nature of your condition, you may have to interact with dozens of different medical professionals, each of whom may have information or instructions for you. To ensure that they do not provide conflicting information about your condition, or that you misunderstand their instructions, have a trusted friend or family member with you. Having a person at your side can help make sure you receive the best care available.
Has a recent hospitalization left you with a serious medical problem? If so, call Pegalis & Erickson of Long Island at (516) 684-2900 for an initial consultation. We can see to it that you receive the legal representation you require.
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