A thorough understanding of medical malpractice helps our attorneys determine whether your injury was caused by negligence or an unavoidable mistake. If you or someone you love was injured or debilitated in some way while receiving medical care, a medical malpractice lawsuit handled by an attorney from our Daytona, FL, law office can help you receive compensation. We will evaluate your case, determine your claim eligibility, and recommend a course of action. To inquire about your injury, we urge you to speak with our team of attorneys today. Schedule a free, no-obligation consultation by contacting Chanfrau & Chanfrau.
Medical Malpractice Defined
Medical malpractice is defined by the National Institute of Health as occurring when:
- A duty is owed to a patient;
- This duty is breached or violated, either willfully or through negligence; and
- The breach of duty results in physical injury or damage.
It is important to note that injury itself is not an indicator that medical malpractice has occurred. In all medical malpractice cases, it must be shown that a professional failed to uphold an accepted and reasonable standard of care. This standard of care is arrived at through consensus from industry professionals. Because of this, expert testimony plays a crucial role in all medical malpractice cases.
To obtain a successful resolution in a medical malpractice case, it is imperative that you are represented by experienced, qualified, and knowledgeable attorneys. Defendants in medical malpractice cases have extensive resources and aggressive litigators on their side, as well as an expert understanding of the law. Our team can help even the odds for you and your family.
What Constitutes a Breach of Duty?
Consider the following as an example of what may constitute medical malpractice. If someone who was severely injured in a car crash passes away during surgery, medical malpractice is not automatically indicated. This is due to the fact that the patient was already severely injured, and there was no guarantee, or perhaps even a likelihood, of a successful recovery. On the other hand, if a person dies during routine treatment, has the wrong limb or organ operated on, suffers an infection as a result of treatment, or receives treatment that was not indicated, medical malpractice may have occurred. This is due to the fact that a standard of care was clearly not upheld.
If it can be shown that a standard of care was violated or that a healthcare professional failed to provide a duty owed, then it is possible to file a medical malpractice claim against the negligent party or parties for damages.
Compensation in Medical Malpractice Cases
In many ways, medical malpractice cases are similar to personal injury cases. One of the ways in which they are alike is the types of damages that are commonly awarded. In medical malpractice cases, financial compensation may be awarded for:
Pain and Suffering
You and your family may be eligible for financial compensation relating to your pain and suffering. Since it is not possible to quantify the impact such suffering has on your quality of life, we will work diligently to recover an amount that is befitting the injury and any ensuing pain it caused.
Any resulting medical expenses, as well as costs related to the original treatment, can be compensated. This may include necessary surgery or post-operative care related to your injury. Rest assured, we will do what we can to alleviate or eliminate your financial burden.
If you or your loved one requires rehabilitation following an injury stemming from professional negligence, we will make sure these costs are covered. Rehabilitation may be physical or psychological in nature, and may include speech therapy, physical therapy, dexterity therapy, or counseling.
Time Off of Work
Any loss of wages stemming from your injury, including loss of earning capacity, should be compensated. If you are permanently disabled as a result of your injury, our team will commit itself to recovering damages that are sufficient to provide for a lifetime of wage loss. To do so, we will work with industry experts to extrapolate your previous earnings into the future.
Other forms of damages may include punitive damages (additional damages that are intended to punish the defendant) and compensation for loss of consortium or companionship (in the event of a wrongful death case). We will work to maximize your damages so that your family can begin the recovery process.
Contact Our Law Firm to Learn More
If you have questions regarding medical malpractice, your rights as a victim, or your rights as a family member, don't hesitate to contact our law office today. We pride ourselves on providing personal and compassionate service to our clients, and would be honored to help.