Medical malpractice attorney Ben Murphey believes that no one should have to go through undue pain, suffering, and financial loss just because their doctor made a mistake. We go to doctors and other medical professionals when we’re at our weakest, and we trust them to put things right without causing further harm.
It’s such a central tenet that it is a part of the oath that every doctor takes before performing medicine. But just because a medical professional doesn’t intend to cause you harm does not mean that they will succeed in that goal. In fact, a recent study found that the number of patients who go to the hospital and suffer from preventable harm that leads to their death is somewhere between 210,000 and 400,000 every single year.
Now, those numbers are staggering no matter how you look at it, but there are a couple of things you need to consider to really put them in perspective. First, those numbers make medical mistakes the third leading cause of death in the country, behind only heart disease and cancer. Second, those numbers are just the people who die after medical mistakes are made in hospitals. It doesn’t account for medical mistakes that occur in other types of facilities. And finally, while obviously it’s vitally important to call out those issues that lead to preventable deaths, this doesn’t begin to touch on medical mistakes that lead to non-fatal problems – a number that can’t help but be much, much higher.
If you or someone you love is one of those unfortunate numbers, make sure that you do not become just a number. Contact Ben Murphey of Lawlor, White & Murphey to fight for the compensation that you deserve, and make sure that no one else has to suffer from the same kind of preventable error. When you work with Mr. Murphey, you’ll be getting a medical malpractice attorney with an in-depth understanding of the complicated Florida laws that govern this area as well as someone who is dedicated to defending the rights of his clients. Because of this dedication, he was named a 2014 Super Lawyer by Super Lawyers and has a 10/10 rating by Avvo, in addition to other accolades.
Deciding to file a medical malpractice suit is not something that you should take lightly, and you absolutely need someone on your side with extensive experience and knowledge of how this area of the law works in Florida. Victims recently got a “win” courtesy of the Florida Supreme Court when they decided that caps limiting payments for pain and suffering were unconstitutional. Now, instead of relying on an arbitrary number that numerous studies said did little to achieve the stated goal of keeping medical costs down, every case will be decided on its own merits.
A patient/doctor relationship has to exist. This one is incredibly obvious, but in order to sue a doctor for treating you improperly, you actually have to see them in a doctor/patient capacity and they have to agree to work with you. Essentially, this part of the law exists to protect medical professionals from being sued by random people that they’ve never seen as patients.
Duty must be breached. Every medical practitioner has a duty of care to their patients. This means that they need to follow a standard of care and act in a way that any other doctor or medical professional would have reasonably acted in the same situation. Essentially, they can not deviate from accepted medical practices without having a very good reason to do so.
Damages must have occurred. If a medical professional makes a mistake but no harm actually comes from it, the law does not allow you to sue them. In order to do so, you need to have suffered either monetarily or in some other way. The law in Florida makes this even more specific, stating that an individual needs to have experienced pain and suffering, damage to their future ability to earn money, lost wages, or have medical bills related to the mistake.
The problem was caused by the mistake. Let’s say that you go to the hospital for a surgery and the doctor operating on you leaves a sponge inside you. After a few days, you develop an infection and have to be treated for that. It won’t go away, so scans are done and they discover the sponge. Even though it seems obviously connected, your attorney needs to be able to prove that the sponge really was what caused your need for further care.
There are all kinds of costs associated with a medical professional making a mistake, and you’re going to be the one footing the bill unless you can get the doctor or hospital to take responsibility. Mr. Murphey has helped his medical malpractice clients to win compensation in a variety of ways.
Medical bills. Was your hospital visit extended due to a doctor’s mistake? Or maybe you needed a prescription to resolve the issue? Or had to buy an assistive device? Some people never completely recover and will continue to require medical assistance throughout their lives. All of those things cost money, and Ben Murphey is skilled at not only making sure your current medical bills are covered, but also getting you compensation for potential future expenses.
Wage and earning capacity loss. More time in treatment means more time away from work – and more time when you’re not able to earn a living. For some people this may mean a few missed paychecks, but others lose their jobs or may even have difficulty getting jobs in the future due to what happened to them. A good medical malpractice lawyer will make sure that these things are accounted for in your award.
Physical and emotional distress. Individuals who suffer from medical mistakes frequently experience pain related to the error, and almost all end up having to deal with fear, anxiety, and frustration over the situation. These are all things that you should receive compensation for because you would not have had to deal with them if the error never occurred.
Loss of consortium. This is an area that few think about initially, but it is also one that can be incredibly serious and difficult to deal with. Sometimes a medical mistake can cause the victim to withdraw from their spouse or lose the ability to perform physically. In these cases, it’s possible for the spouse to win damages for this loss of companionship, but you should know that damages of this kind are rare and typically only occur when injuries are permanent or life-changing.
Ready to talk to someone about your medical malpractice case? Call Ben Murphey right now and set up a free initial consultation where you can go over the specifics. He will tell you whether or not he thinks you have a case and discuss potential strategies to help you get the compensation you deserve.
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