We go to the doctor or hospital expecting to get the medical care and treatment we need in order to get or stay healthy. When we do not get that care or when injuries result from a medical provider’s mistakes, we are entitled to be compensated for the damages. Medical errors occur with alarming regularity, and can lead to serious, disabling injuries and even death. Filing a medical malpractice lawsuit is a way for patients to hold their healthcare providers accountable for their actions, and provides a process that enables injured patients to get the compensation they deserve. In Florida and several other states, a new system for compensating victims of medical malpractice is being considered, and proponents of the programs claim that it could help compensation for medical mistakes and errors get more quickly into the hands of victims, while also lowering the overall cost of healthcare.

Legal Recourse For Medical Mistakes And Errors

According to a report on medical malpractice in the Journal of Patient Safety, roughly 400,000 people each year die as the result of medical errors and mistakes made by doctors, hospitals, and other medical providers. Medical mistakes such as delayed or misdiagnosis, surgical errors, and healthcare associated infections are unfortunately common in the United States, and are often the direct result of negligence on the part of the medical provider or their staff.

Under Chapter 766 of the Florida State Statutes, people who have been injured as the result of medical negligence may be able to hold health care providers accountable through a medical malpractice lawsuit. According to Florida law, a health care provider who fails to provide the level of care, skill, or treatment another provider would under reasonable and similar circumstances can be held liable for damages, which includes providing compensation to injured parties for medical expenses, lost wages, and pain and suffering caused by their error.

Proposed Changes To How Medical Malpractice Is Handled

According to a February 2016 report from Clinical Advisor, an information resource for healthcare professionals, concerns over the current medical malpractice system has prompted calls for changes in several states, including Florida. State legislatures are currently considering a new Patient Compensation System, which would take cases involving medical errors, mistakes, and other forms of medical negligence out of the courts and put them into the hands of an administrative panel comprising healthcare experts and an administrative law judge. Proponents of the system claim it would allow people injured in medical malpractice cases to get compensation more quickly for their injuries, while making it easier for healthcare providers to acknowledge errors without fear of facing a lawsuit. This could mean that medical providers would be less likely to employ defensive medicine tactics, including conducting needless testing such as blood work, MRIs, and x-rays, simply to protect themselves from litigation. The end result could be lower overall healthcare costs for consumers.

Contact Us for Help

If you or someone you know has been injured due to a medical error or mistake, contact our experienced Florida medical malpractice attorney. At Hogan Frick, we can advise you on the best course of action in your particular case, while defending your rights and assisting you in getting the compensation you deserve.