Despite the low percentage of winning a medical malpractice suit in Florida, working with a lawyer is paramount—you deserve to hold the liable party or parties responsible for your injuries. In a 20 year study published in Clinical Orthopaedics and Related Research, it was shown that physicians and medical providers typically win the majority of medical malpractice cases. With weaker evidence, physicians win approximately 80% of cases and 70% of cases with borderline evidence. However, with strong evidence, a victim has approximately a 50% chance of winning a medical malpractice suit.
Additionally, the amount of compensation received in medical malpractice cases has continued to decrease year after year. The most common medical areas that are sued for medical malpractice are surgeons, ob-gyn specialists, otorhinolaryngology (ear, nose and throat specialists), urologists, and orthopedic specialists.
Each medical malpractice case is unique, and the facts and circumstances regarding the medical error, as well as the severity of the damages, is different in each case. Our legal team can help you determine if you have a strong medical malpractice case.
Types of Medical Malpractice Cases
The most common types of medical malpractice cases involve some sort of medical error. Some examples include the following:
- Prescription of incorrect medication, incorrect dosage of medication, or medication that the patient is allergic to, or will adversely interact with other medications they are currently taking
- Failing to identify and diagnose a life-threatening condition, or misdiagnosis of a life-threatening condition, therefore providing inaccurate or inappropriate medical treatment
- Leaving a medical instrument in a patient after surgery
- Surgical errors that ultimately result in a patient’s loss of body part
- Childbirth injuries
This list is in no way exhaustive, and it is important to note that medical malpractice claims can include medical providers such as dentists, chiropractors, and other medical professionals.
Medical Malpractice Case Challenges
A medical malpractice case must prove the following elements: the medical provider had a duty to provide a certain level of care, that duty was breached, the breach of duty directly caused injury, and there were actual damages and injuries. If these elements can be proven, you will likely have a strong medical malpractice case.
However, having a strong medical malpractice case based on the evidence is only the first challenge. Convincing a judge or jury that a physician breached his/her duty of care, and acted in a way that would be contrary to a ‘reasonable and prudent’ doctor in the same situation can be a challenging legal hurdle to articulate. Ultimately, this is the most important element of proof, that the doctor was negligent in his/her responsibility and duty of care to you as their patient. Proving this may require hiring an expert, providing complicated medical information and establishing a strong case.
The most typical challenges in a medical malpractice case can include the following:
- Complicated medical evidence
- Difficulty proving that another doctor would have acted differently
- Insurance company pressures
- Need for expert medical witnesses familiar with the type of medical procedure that occurred.
- Need for affidavit requirements from witnesses
Improve Your Chances of Winning a Medical Malpractice Case
While the odds are not necessarily in your favor, there are some steps you can take to improve your chances of winning a medical malpractice case.
First, send a demand letter to the medical provider and demand compensation for your injuries, lost wages, and other damages. We can help you build your case, establish your medical malpractice claim, and issue a demand letter to compensate you for your injuries suffered due to your medical provider’s negligence.
Establish a strong case with as much evidence as possible. Maintain all medical records, a journal of your physical injuries, lost wages, potential future lost wages, pain and suffering and any other related information regarding your medical malpractice case.
Contact a Medical Malpractice Attorney in Florida
If you have been injured by a medical professional’s negligence, contact Chalik & Chalik Injury Lawyers at (855) 529-0269. We can discuss how we surpass the percentage of winning a medical malpractice suit in Florida and help you build a strong medical malpractice case. You may have a limited to act under FL § 95.11.
For a free legal consultation, call (855) 529-0269