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Negotiating Medical Malpractice Settlements in Florida

— September 7, 2020

Medical malpractice settlements can be received by the victim in as a lump sum payment or in the form of a structured payment scheme. 

Medical malpractice may be referred to as a legal cause of action that takes place when a patient suffers injury or damages because of a health care provider’s professional negligence. In the United States, medical malpractice may be alleged by a patient against a clinician who fails to provide the expected level and degree of care. 

Medical malpractice is more common compared to many of you may imagine. Approximately 250,000 fatalities are caused every year in America by medical malpractice. Winning a case at trial can sometimes be quite difficult for medical malpractice victims seeking compensation. This is why we see negotiated settlements in many of these cases. Needless to mention, legal representation on your side can significantly enhance your chances of achieving the desired outcome. Therefore, be sure to hire an experienced personal injury lawyer to support your claim by investigating the incident properly and collecting all the necessary evidence. 

Mentioned below are some of the most important requirements for receiving fair compensation for your losses. 

Establishment of Negligence and Causation: 

Two of the most important things to be proven in a medical malpractice case are 

  • The medical professional or doctor was negligent to his or her duties
  • The injuries and/or losses suffered by the victim were caused directly by the negligent act of the medical professional. 

Though these requirements may sound uncomplicated to you, proving them can be an elaborate and complex process. Establishment of negligence demands collecting enough evidence to clearly show that the accused medical professional or doctor failed to or did not act with due care. In simple words, this means that the person in question was not able to deliver the standard of care that another professional with similar experience education, and training would have provided. Therefore, specific to the location and time, the victim would require proof of the commonly accepted medical practices. For example, if a certain procedure is not a generally accepted medical practice at the time of the incident, the medical professional cannot be considered to be negligent.

Medical staff checking patient’s stats on monitor; image by Javier Matheu, via
Medical staff checking patient’s stats on monitor; image by Javier Matheu, via

On the other hand, proving causation can be even more complicated. For instance, it is possible for a patient to have an underlying medical condition that had nothing to do with any negligent act by the medical professionals. However, medical malpractice charge can still be brought against the doctor for exacerbating or prolonging the condition. 

Contributing factors can also pose a problem for the victims of medical malpractice. As an example, even if a medical professional fails to diagnose a condition that needed surgery, it is not possible to hold him or her responsible if the victim’s reaction to the anesthesia was bad. In order to have a valid claim, it is important to establish that the injury is directly related to a misdiagnosis.

Negotiating the Claim Value: 

A medical malpractice claim’s value is negotiated after the doctor’s or medical professional’s liability for the injury is determined. This covers compensations for all losses incurred by the victim because of poor medical care, and includes 

  • Physical and mental pain and suffering
  • Loss of wages because of the negligence
  • Loss of earning capacity for the future

Medical Professional’s Approval: 

Unlike other personal injury cases, medical professionals generally have a significant impact on the approval of a settlement in medical malpractice cases. Their malpractice insurance is directly affected by a settlement. An out of the court settlement is not likely to be possible if the medical professional is confident that the harm was not caused by his or her mistake.

Settlement Payments: 

Payment is issued to the victim for his or her loss, once a verdict or settlement is reached. Medical malpractice settlements can be received by the victim in as a lump sum payment or in the form of a structured payment scheme. 

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