Despite excellent medical care by highly qualified doctors employing the latest technology and pharmaceuticals, occasionally patients and their families suffer a loss in one way or another. People, no matter how skilled, make mistakes. Equipment can be faulty. Drugs approved for use might develop long-term consequences determined to be detrimental. In a worst case scenario, carelessness or inattention causes harm.
When situations like this arise, there may be a reasonable basis for making a claim for compensation from the provider. Quite often these claims seem fairly simple to the individual or family dealing with the injury – the nurse, doctor or hospital did something wrong. The reality is, however, that most cases of alleged medical malpractice are complex. Extremely detailed compilation of the facts is usually part of the process. In-depth evaluation of each aspect of the circumstances involved is necessary to determine the strength or weakness of the potential claim. As noted on our medical malpractice information page, our insight in this regard can help determine if a claim is valid.
Once that bridge is crossed, it can become a matter of skill and experience by the advocate who engages with insurance companies, legal representatives and medical personnel. Insurance companies have one major goal in any claim: minimize the payout. With a strong case supported by extensive evidence, it's possible a settlement can be negotiated on behalf of those harmed. Other times, proceeding to trial is necessary. According to Becker's Hospital Review, in our state, medical malpractice payouts for 2012 totaled over $203 million, placing Florida at number five in the country's ranking. Over 90 percent of payouts in the United States resulted from settlements rather than judgments in courts.
Most of the time medical procedures, births and treatments for illness go well. But there are times when someone suffers injury or loss that bears scrutiny. The peace of mind gained can help families recover and move on.