Medical malpractice is a civil claim that a physician or other health care provider failed to use reasonable care in caring for a patient. Reasonable care on the part of a physician or health care provider is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by a similar and reasonably careful physician or health care provider. Negligence on the part of a physician is doing something that a reasonably careful physician would not do under the circumstances or failing to do something that a reasonably careful physician would do under the circumstances.
In order to recover in a medical malpractice case, it is necessary to show that the claimed negligence actually caused injury to the patient. Negligence is a legal cause of injury if it directly and in natural and continuous sequence produces or contributes substantially to providing the claimed injury, so that it can reasonably be said, without the negligence, the injury would not have occurred.
When a doctor, hospital or other health care provider is accused of negligence, which injures a patient, the patient may bring an action for medical malpractice. Medical malpractice is a highly specialized field of law. Claims can take months or even years to resolve. Typically, the injured patient hires a lawyer to represent him or her, and the insurance company, which provides coverage for the accused health care provider, will hire an attorney to defend the accused physician or health care provider.
The appropriate standard of care for a doctor or other health care provider must be established by expert testimony, either prior to or at a trial. Typically, the injured patient’s attorney will provide expert witness testimony, usually from a physician, that the particular physician’s or other health care provider’s treatment deviated from the appropriate standard of care. Then the attorney for the physician or other health care provider will usually provide testimony that the treatment rendered to the patient met the standard of reasonable medical care.
Typically, the parties, through their respective attorneys negotiate, with the goal in mind of possibly settling the case without a trial. If a trial becomes necessary, the parties will each present their cases in open court, and the jury will decide whether there was malpractice, and if so, the amount of monetary damages to be awarded for the damages caused to the patient, by the said negligence.
There is perhaps no more tragic form of medical malpractice than an avoidable birth injury. Attorney David Best has been fighting for justice and accountability relating to these types of tragic cases for over 30 years, ranging from brachial plexus injuries, cerebral palsy, to severe brain damage. Arguably, nobody in Central Florida has personally handled more birth injury cases than he has. Mr. Best has a great understanding of the complex medical and legal issues at work in these cases.
Most of the time doctors and hospital staffs do a great job, but preventable medical mistakes during labor and delivery can have a devastating impact on you and your family. Hiring the right lawyer in these trying times can make a huge difference. We will be happy to provide you with a FREE evaluation and assessment of your case.
And remember, you will never owe us anything unless we make a recovery on behalf of your case.
Steps to follow if you are involved in an automobile accident:
Automobile accidents can be very traumatic. If you are involved in an automobile accident, either as a driver, passenger or pedestrian, here are some suggested steps that you should consider following:
1) Report the Accident Immediately.
Call 911 and report the automobile accident. Cooperate with law enforcement officers when they arrive and explain how the accident happened. If you know of witnesses who saw the crash, try to get their names and phone numbers. Ask the officer for his or her name and phone number, as well as the name of the law enforcement agency and the crash report number.
2) Seek Immediate Medical Attention.
Injuries caused by car accidents can vary from minor to life threatening. If you are experiencing any pain, including even mild pain or discomfort, immediately seek medical attention. If medical assistance is offered at the accident scene, you should accept the care. If you have insurance, your Personal Injury Protection will automatically cover your ambulance and emergency room expenses. If you don’t have insurance, the ambulance company and hospital are required by law to transport and treat you anyway.
3) Get the Names and Contact Information for all Witnesses, if Possible:
Usually, the witnesses are listed on the accident report, if they advise the investigating officer that they were witnesses.
4) Take Photographs at the Scene:
If at all possible, someone should take pictures of the vehicles involved and any road hazards that may have contributed to the accident.
5) Call 1-800-282-BEST (2378):
Our experienced and friendly staff will always be ready to help with any questions you may have regarding an accident. If at all possible, call us before speaking with any insurance company.
If you are injured in an auto accident due to the negligence of another, it’s very important that you seek legal advice sooner rather than later! Insurance companies know which plaintiffs’ attorneys are willing to take a case to trial or not. Our goal is to always attempt to settle your case as soon as possible without having to go to trial, but we have been in business and trying cases for over 30 years. The insurance companies know this! Call us and put the Best team to fight for you and your family. All consultations and screenings of your case are free, and you will never owe us anything unless we recover on behalf of your case.
If you are injured in an auto accident due to the negligence of another, it’s very important that you seek legal advice sooner rather than later! Insurance companies know which plaintiffs’ attorneys are willing to take a case to trial or not. Our goal is to always attempt to settle your case as soon as possible without having to go to trial, but we have been in business and trying cases for over 30 years. The insurance companies know this! Call us and put the Best team to fight for you and your family. All consultations and screenings of your case are free, and you will never owe us anything unless we recover on behalf of your case. Does your auto insurance policy cover the personal property in your vehicle? In most cases, additional coverage is required to protect your property against theft, whether it is removed from the vehicle or if the whole car is stolen. It’s always important to read the fine print on the policy statement.
In a Crash? Social Media Posts Could Impact Your Claim
These days, many people share just about every life event on a social networking site — or a few of them. However, a personal injury lawyer is warning people to resist the urge to share after being involved in a collision.
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