Medical Malpractice

Medical malpractice law governs the liability of doctors and other treatment providers when they cause harm to a patient by rendering their services in a negligent manner. All states have their own laws and procedures to handle these specialized personal injury cases. But in general terms, a doctor will be held liable if his or her conduct fails to meet the “standard of care” provided by other doctors under similar circumstances.

Errors that qualify as medical malpractice will typically fall into one of several categories. These include a failure or delay in diagnosing a patient’s condition, misreading X-rays, prescribing the wrong pharmaceuticals, failing to warn a patient of the risks or side effects of a procedure, performing services without the patient’s informed consent, and making a mistake during surgery or childbirth.

Medical Malpractice Lawyers Baker Reck & Associates Hallandale Aventura Florida

When doctors act carelessly, the results can be catastrophic for the patient. It is not surprising, then, that damage awards in medical malpractice cases are among the largest of all personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.

Compensation for Your Suffering

The first step in pursuing a medical malpractice case is to retain an attorney. Unlike some other areas of the law, self-representation in these cases is not feasible. In fact, due to the financial resources and litigation expertise required, most attorneys do not accept medical malpractice cases. Plaintiffs should seek out a reputable law firm that specializes in medical malpractice.

The attorney will begin by conducting an in-depth evaluation of the factual circumstances surrounding the incident. Hospital records and other evidence will be gathered, and depositions (formal interviews for the purpose of recording sworn testimony) will be taken of the defendant and any witnesses. A medical expert, who will later be available to testify at trial, will then review the evidence and draft a report for the plaintiff.

The expert’s report will be turned over to the defendant’s attorneys and insurance adjuster, and settlement negotiations will take place. If the two sides can agree on the amount of damages that should be paid, they will enter into a settlement agreement. The plaintiff will be compensated, and the case will end. If the parties cannot agree, the case will proceed to trial. A judge or jury will then decide the outcome.

Law Offices of Baker Reck & Associates P.A.

2500 E. Hallandale Beach Blvd . Suite 405
Hallandale, FL 33009

954.455.1933 . Toll Free 877.208.8738
Fax 954.455.1934

Baker Reck Law Offices. All rights reserved, 2016. TERMS OF USE: This web site is designed for general information only. No representations are made as to the current status of any law, statute, rule, procedure or form, or whether any of the same described herein are up to date, complete and current. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The information presented at this site is not to be construed as formal legal advice to you nor the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision. Before you hire the lawyer to whom you are referred, please be sure to request information regarding the lawyer's qualifications and experience.
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