Key West Medical Malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the medical care provided deviates from accepted standards of practice in the medical community and causes injury to the patient. Medical professionals such as doctors, nurses, dentists, dental office staff, pathologists, neurologists, oncologists, cardiologists, toxicologists, pharmacologists, medical or pharmacy technicians, nursing home staff, hospital workers and their places of business are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
Medical malpractice is difficult to prove. A Key West medical malpractice attorney must establish four crucial elements of negligence for a successful medical malpractice claim. First, there must be a legal duty of care, which exists whenever a hospital or health care provider undertakes care or treatment of a patient.
Second, it must be proven that the duty of care was breached, that the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors. Third, it must be clear that the breach of duty was what caused the injury.
Fourth, there must be obvious damages, including compensatory and punitive damages. Compensatory damages include economic damages such as past, present, and future financial losses such as lost wages or earning capacity, medical expenses, and life care expenses; as well as non-economic damages assessed for the injury itself: actual physical and psychological harm such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain, and emotional distress. Punitive damages are only awarded in the event of proven wanton and reckless conduct.
Leesfield Scolaro Key West medical malpractice law firm has secured many successful settlements on behalf of injured clients. Our skilled medical malpractice trial lawyers offer aggressive legal representation. You may see a complete list of our results in our Verdicts and Settlements section.
If you have been the victim of medical malpractice in Key West, you only have two years to file a lawsuit or face the possibility of losing your claim. It is extremely important that you receive the advice of Leesfield Scolaro skilled and experienced medical malpractice attorneys to protect your rights and secure your future. Contact us today!