What You Need to Know About Medical Malpractice

Published on: 22 September 2021 Last Updated on: 13 January 2025

There is a certain standard of care expected when a medical professional is tending to your ailments – but what happens when that standard is not met or completely strayed from, resulting in further personal injury or harm?

Medical malpractice is often cited as one of the top causes of death in the United States and is also a situation that can be nuanced and require much work to garner a positive outcome for those who are victim to it. Knowing what this term entails and how it applies to your situation – as well as enlisting professional help – may make the journey easier.

Many people make the mistake of going at it alone. In other words, they feel that getting to the bottom of a medical malpractice lawsuit can be a simple DIY exercise. Not quite. If you are not working with top legal experts that have extensive experience in taking million-dollar medical institutions to court, you are not going to get the compensation you are looking for. Make sure to work with the Law Offices of William F. Underwood, III, P.C. if you are looking for a trained and qualified attorney that can help you with your medical negligence case.

What is medical malpractice, and have I been a victim of it?

The basic definition of medical malpractice is when a medical or health care professional deviates from the professional standards of care, thus providing inadequate care for the patient. Standard of care is a legal term seen as the proper amount of care given among similarly qualified practitioners under the same or similar circumstances.

Breach of this care must be proven in medical malpractice and can be seen in various forms such as:

Misdiagnosis or failure to diagnose
Errors in prescribing drugs
Misreading of lab results
Intentional harm
Injuries resulting from negligence
Lack of follow-up care

What should you do when you suspect you may have a case?

An important part of filing a medical malpractice claim is gathering evidence in order to prove the medical professional’s breach of standard care was the direct cause of your injuries. This evidence can come in the form of witness testimony, establishing the doctor-patient relationship, proof of damages caused by the injury, and proof of how the practitioner’s actions were the cause of harm.

Request medical records from your provider, begin to keep notes on your health and any incidents or outcomes related to your injury and contact an established medical malpractice lawyer to help navigate things.

Understanding your case and how to move forward

The process of medical malpractice can be complex, so you’ll want a professional on your side.

A lawyer who specializes in this can review all aspects of your case to determine if it’s actionable and take the proper steps to ensure all paperwork and evidence are readily available to file a claim within your state’s statutes of limitation.

Each state handles and defines medical malpractice differently, so having someone who is well-versed in it on your side is an advantage. When the breach of standard care occurs and is documented, you can file for damages such as medical expenses, pain, and suffering, emotional distress, or loss of wages, to name a few. A lawyer will help determine the best course of action for you.

According to a 2020 Journal of the American Medical Association study, approximately 2% of those suffering from medical malpractice file claims for compensation- and even fewer receive the compensation they deserve. Understanding the why and the how of medical malpractice is the first step to healing and setting things right when you’ve been wronged.

Don’t forget to go through our exclusive discussion on medical malpractice problems in Miami.

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Steps to Take After Being Involved in a Ridesharing Accident

Ridesharing is revolutionizing the way people get from point A to point B. Whether it's just to have a safe ride home after a night of drinking or a great alternative to purchasing your own vehicle, ridesharing is gaining in popularity. With more people getting rides than ever before, more car accidents are involving ridesharing vehicles. Understanding what to do if you're involved in a ridesharing accident can help to ensure that you get the compensation you deserve for the injuries that you sustained. Check For Injuries And Call The Police The first steps that you want to take after being involved in any sort of car accident are to check for injuries and call the police. You should start by checking yourself and other passengers. Then, check the other parties involved to see if they have any injuries. If anyone has severe injuries, you should be contacting emergency medical assistance immediately. If you have slight injuries, it's still a good idea to get them checked out by a medical professional at the accident scene. This way, your injuries are documented right from the start. Once everyone is checked for injuries, it's time to call the police. The officer will be responsible for creating an accident report. While you may not think that a report matters since it's not your vehicle that was involved, think again. Any ridesharing accident lawyer will tell you that having access to the accident report is a vital part of your claims case. Even if the drivers involved don't want to contact the police, you should do so yourself to ensure your future safety is looked after. Take Pictures And Collect Information West Coast Trial Lawyers will advise you to take pictures to document the scene. While you may have no stake in the property that was damaged, you should still have photo evidence of it. This can come back into play later when determining who was at fault for the injury. This way, your Uber accident attorney knows who to go after to seek compensation for the injuries that you sustained. Talk with witnesses and gather their contact information. Witnesses tend to leave the scene of the accident once an officer arrives. Therefore, speaking with them before the police arrive can ensure that you get the information you need before they leave. The more witnesses you have, the better chance your ridesharing accident lawyer will have at proving your case for injury compensation. You'll also want to get the information about the people involved in the accident. Start by collecting the contact and insurance information of your ridesharing driver. Then, get the same information from the other parties involved. If the other driver had passengers with them, then get their information to. Be sure to write down or take pictures of the license plates of the vehicles that were involved. Understand What Insurance Pays For Your Injuries One of the most confusing parts of being involved in a ridesharing accident is understanding what the insurance company pays for the damages and injuries that were a result of the accident. Does Uber's insurance cover the problems or does the Uber driver's personal insurance cover your injuries? Let's take a look at the different scenarios below. Hit By A Ridesharing Driver If you're in a vehicle accident that is determined to be the fault of the other driver who was in a ridesharing vehicle, the other driver's insurance is responsible for paying for your injuries. Keep in mind that each driver's insurance policy will have coverage limitations. If your compensation amount is above the coverage limit for the ridesharing driver's personal insurance, the ridesharing company's insurance will cover the excess if the driver was working at the time of the accident. Your Ridesharing Driver Is At Fault For Your Injuries When the ridesharing driver that you're riding with is determined to be at fault for your injuries, their personal insurance will cover your compensation. In the event that your compensation amount is over what the driver's personal insurance will cover, the ridesharing company will cover the excess if the driver was working at the time of the accident. What Is Considered Working By Rideshare Companies? West Coast Trial Lawyers will inform you that the ridesharing company will only pay if the driver was determined to be working. If the driver was not determined to be working at the time of the accident, the ridesharing company's insurance will not cover the excess of the compensation you get. Rather, you'll have to go after the driver of the vehicle personally for anything their insurance won't cover. Ridesharing companies like Uber and Lift have their own technology that allows them to communicate with their drivers. Drivers are required to update their status on their mobile device to tell the company what they're doing. As long as the ridesharing driver was logged into their application, the ridesharing company's insurance policy will kick in. However, there are some restrictions to their coverage limits. If the driver is logged into their application but has a status of waiting for a ride request, the ridesharing company's insurance has limited coverage. For Uber specifically, the limited liability coverage is 25,000 dollars for property damage and 50,000 dollars per injury up to a 100,000 dollar limit. In most events, a combination of the driver's personal insurance and the ridesharing company's insurance will take care of the compensation for your injuries. However, if they don't, your Uber accident attorney will take up suit against the ridesharing driver personally for the excess. In cases where the ridesharing driver has a status of being in route to pick up their passenger, then the ridesharing company's full insurance policy kicks in. Both Uber and Lift have a 1,000,000 dollar personal injury insurance policy. Remember that this policy kicks in after the driver's personal policy reach its coverage limits. Why Contacting A Lawyer Is So Important As you've found out above, there are many things to consider when you're involved in a ridesharing accident. Navigating the legal waters and determining what insurance policy or policies will be paying for your injury compensation can be difficult. Employing a ridesharing lawyer to help you along the way will ensure that you get the compensation that you need for your injuries. Your lawyer will be able to collect the necessary evidence from the ridesharing application to determine what insurance is covering the accident. They'll be able to take up suit against those companies and assist you in determining a proper amount of compensation for the injuries that you sustained from the accident. Most importantly, a lawyer will be able to do all the heavy lifting with your claims case so that you can physically and mentally worry about getting better. You don't want to be dealing with lawyers, insurance companies, and educating yourself on laws when you're injured. Being involved in a ridesharing accident may not be something that you've thought about before. However, since ridesharing is becoming more popular, you should be prepared with what you should do in the event that you find yourself involved in one. The above steps will help you to figure out how to proceed after an accident occurs. Read Also: Expert Advice: 5 Crucial Things To Do Immediately After An Automobile Accident 5 Types Of Damages You Can Claim After A Car Accident What To Do When You’re Involved In A Car Accident In Albany

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

As you are reading this article, we can assume that you or any of your close ones have encountered an injury at the workplace. If you encounter any accident and get any injury at work, you become eligible for worker's compensation. This program is particularly designed for offering you financial support during the time when you are unable to work and also creating income. When you are filing worker’s compensation benefits, you might be going through a dilemma about whether you should hire a worker’s compensation lawyer or not. Here we must say that both of them have their own benefits and disadvantages. Here, in this article, we will talk about both the pros and cons of hiring a worker’s compensation lawyer for your worker’s compensation case. Pros Of Hiring A Worker’s Compensation Lawyer: In case you are thinking about hiring a worker’s compensation lawyer from the best Law Offices of William F. Underwood, III, P.C., You will be able to get the following benefits. 1. Puts An End To Your case In some cases, the worker’s compensation dispute might take several months or even years. This long duration will always invite more financial problems when you are already losing your wage and carrying a treatment cost. An experienced worker compensation lawyer will be able to handle things with their expertise, and the matter will get resolved efficiently. 2. Shortens The Wait We all are a little aware of the court system and also know how much time it consumes to resolve a matter if we follow the same traditional way without any legal agent or lawyer. As we have mentioned earlier, it will take a long time, especially in case your injury is more serious and you need a huge amount, as your employer’s insurance company will always want to delay the matter. Here, having a lawyer will ensure that you are getting fair compensation as soon as possible. 3. Allows A Lump Sum Payment Often judges feel hesitant when it comes to awarding a lump-sum amount of compensation at the trial. As per that, you might be limited to weekly or monthly payments for a period of a number of months or years. In case you are carrying any major medical treatment, it becomes really difficult to pay for it. On the other hand, when you hire a lawyer, the professional will be able to manage a settlement and get you a considerably huge amount. 4. Eliminates The Risk When you are thinking about an out-of-court settlement, it is really difficult to reach a settlement because both parties do not want to come to an agreement by making smaller compromises. In this case, a lawyer will be able to bring both parties together at a common ground and that too out of court. Because when you are appealing to the court, there will always be a risk that you might come out empty-handed. 5. A Better Negotiation During the settlement proceedings, an attorney can perform the negotiation on your behalf. The insurance company already has an attorney; when you are also hiring a legal professional, your worker’s compensation lawyer will be on equal footing with the other party. When the insurance company gets to know that you have a legal professional to represent you, they will be more willing to respect your rights. Cons Of Hiring A Worker’s Compensation Lawyer Now you know the advantages of hiring a worker’s compensation lawyer. But when you are thinking of hiring one, you also should know the drawbacks that you might be inviting in order to get the good things. So, here are the major disadvantages of hiring an attorney for your worker’s compensation claim. 1. Can Cause Give Up Your Right When you are thinking of hiring a lawyer and getting the amount that you have claimed and willing to take the matter to court, the insurance company does not agree to pay you that. In this case, ending the case with an out-of-court settlement means you are giving up on some particular benefits. There are a lot of insurance companies that come with a clause that when you are receiving a claimed compensation, you will not get worker’s compensation for the same injury. 2. Could Be Really Expensive. Hiring a lawyer means you need to pay them. In order to ensure winning your worker’s compensation claim lawsuit, you must opt for the best one or at least a good one. And good lawyers always charge more. Due to your injury, you are already paying a huge medical bill and also not getting paid enough as you are unable to work for a few days. In this situation affording a lawyer can cost you a lot of your savings, and you might run out of money. FAQs (Frequently Asked Questions) When you are going to deal with worker's compensation, it is obvious that you will have a lot of queries and doubts. In order to handle a legal matter, you also need to know the basic and adequate knowledge of the laws. So, here are some questions you might have in your head, along with their answers. Q1: What Are The Disadvantages Of Worker's Compensation? A serious disadvantage of worker’s compensation is that it might discourage the employees from pursuing further employment. Many individuals might feel that to continue getting worker’s compensation payment, they must obtain from working some specific jobs to prove the severity and seriousness of their injuries. To learn more, visit Employment law firm in Miami. Q2: What Are The Pros And Cons Of Worker's Compensation? The pros of Worker’s compensation are; No more litigation. The opportunity to revisit the settlement terms. In exchange for future benefits, recompense. Now let’s look at its cons of it. You might end up with less than you actually deserve. In the future reopening, a case might lead to a lower award. Q3: What Is The Highest Workmans Comp Settlement? Till now, the largest worker’s compensation settlement payment is a $10 million settlement agreement. The case came in March of 2017. Read Also: Injured At Work? Claim Your Compensation! Can an Employee Claim for a Personal Injury When Working From Home?

6 Law Fields With High Demand In 2024

As we move further into the 21st century, the legal profession continues to evolve in response to the changing dynamics of society, technological progress, and global phenomena. This evolution has led to a noticeable shift in the demand for legal expertise across various specialized fields. For aspiring legal professionals or those looking to pivot their careers, understanding these trends is crucial. It not only opens up new opportunities but also highlights the importance of tailoring one’s educational journey to meet the needs of the future legal landscape. The need for specialization in law is more pronounced than ever, with certain areas experiencing a surge in demand. This article explores six law fields that are anticipated to be in high demand in 2024. By aligning their academic and professional development with these areas, individuals can position themselves advantageously in the job market. Let’s delve into the specifics of these fields and uncover why they stand out in the current legal ecosystem. Criminology Criminology, the study of crime, criminal behavior, and the criminal justice system, is seeing a growing demand for experts. This surge is driven by increasing public safety concerns, the rise of cybercrime, and advancements in forensic science. For those intrigued by the complexities of crime and motivated to contribute to its understanding and prevention, criminology offers a rewarding career path. For individuals looking to enter this field, pursuing an online criminology degree can be an excellent starting point. The flexibility of online learning allows students to balance their studies with other commitments, making it an ideal option for working professionals or those with family responsibilities. Furthermore, online programs often provide access to a diverse range of courses and the latest research in the field, ensuring students receive a comprehensive and up-to-date education. The convenience and depth of learning available through an online criminology degree make it a compelling choice for aspiring criminologists. Cyber Law In an era where digital interactions and transactions are commonplace, the significance of cyber law cannot be overstated. This field addresses legal issues related to the Internet, including data protection, privacy, and cybercrime. As our reliance on digital technology continues to grow, so does the need for legal professionals skilled in navigating the complex landscape of cyber law. Cyberlaw specialists are crucial in helping individuals, companies, and governments safeguard their online presence and comply with evolving regulations. The demand for experts in this area is fueled by the relentless pace of technological innovation and the increasing sophistication of cyber threats. For legal professionals looking to specialize, cyber law offers a dynamic and challenging career path that is both intellectually stimulating and socially important. Intellectual Property Law The digital age has also sparked a surge in creativity and innovation, making intellectual property (IP) law more relevant than ever. This field protects the rights of creators and inventors, ensuring they can benefit from their inventions and artistic works. With the explosion of content creation, technological advancements, and global commerce, the demand for IP law specialists is on the rise. Intellectual property lawyers play a critical role in navigating the complexities of copyright, patents, trademarks, and trade secrets. They help individuals and businesses secure and defend their IP rights, fostering an environment where innovation can thrive. The global nature of IP law, coupled with the rapid pace of technological change, offers legal professionals a challenging and rewarding career path that is both lucrative and impactful. Environmental Law As global awareness and concern for environmental issues continue to grow, so does the demand for environmental law specialists. This field focuses on regulations, policies, and laws that relate to the environment, including air and water quality, land use, biodiversity, and the impact of climate change. Environmental lawyers play a crucial role in advocating for sustainable practices, enforcing environmental regulations, and advising clients on compliance with environmental laws. The urgency of addressing climate change and protecting natural resources has made environmental law a critical area of focus for governments, NGOs, corporations, and communities worldwide. Specialists in this field have the opportunity to make significant contributions to environmental conservation and sustainability efforts, working on cases that range from local pollution disputes to international environmental agreements. The work is not only professionally rewarding but also offers a chance to have a lasting impact on the planet's future. Health Law The field of health law covers a broad spectrum of issues related to healthcare, including patient rights, medical ethics, healthcare policy, and the regulation of the healthcare industry. With ongoing advancements in medical technology, changes in healthcare delivery systems, and the complexities of healthcare legislation, the demand for legal professionals with expertise in health law is higher than ever. Health law specialists can find opportunities in various settings, from hospitals and healthcare systems to government agencies and private law firms. They advise on legal and ethical issues related to patient care, assist in navigating regulatory compliance, and play a key role in shaping healthcare policy. The dynamic nature of the healthcare industry, combined with the critical importance of health-related matters to society, makes health law a compelling and impactful field for legal professionals. Immigration Law In today's globalized world, immigration law is a field of increasing relevance and demand. This area of law deals with the legal issues surrounding the movement of people across borders, including visas, residency, asylum, and citizenship. Immigration lawyers provide vital assistance to individuals and families navigating the complex and often challenging process of moving to a new country. The demand for skilled immigration lawyers is driven by ongoing political, economic, and humanitarian factors that influence migration patterns. These professionals not only help clients understand and comply with immigration laws but also advocate for their rights and well-being. Working in immigration law offers the chance to make a profound difference in the lives of people seeking new opportunities or refuge, contributing to a more just and equitable global community. Conclusion The legal profession is poised for significant growth in specialized fields that respond to contemporary challenges and societal needs. From the intricacies of criminology and the digital frontier of cyber law to the protection of intellectual property, the environment, health, and human rights through immigration law, these areas offer promising opportunities for legal professionals. By pursuing education and training in these high-demand fields, individuals can not only advance their careers but also contribute to meaningful change and justice in society. Read Also: How Hiring A Lawyer Can Help You Get The Best Possible Outcome Rocket Lawyer And ZenBusiness Services For Business Things To Consider Before Hiring A Lawyer

What You Need to Know About Medical Malpractice

What is medical malpractice, and have I been a victim of it?

What should you do when you suspect you may have a case?

Understanding your case and how to move forward

How Hiring A Lawyer Can Help You Get The Best Possible Outcome

How Did COVID Change Landlord-Tenant Laws

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Related

Steps to Take After Being Involved in a Ridesharing Accident

Pros & Cons Of Hiring A Worker’s Compensation Lawyer

6 Law Fields With High Demand In 2024

What You Need to Know About Medical Malpractice

What is medical malpractice, and have I been a victim of it?

What should you do when you suspect you may have a case?

Understanding your case and how to move forward

Share this Article

How Hiring A Lawyer Can Help You Get The Best Possible Outcome

How Did COVID Change Landlord-Tenant Laws

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

Related