All Press Releases for August 26, 2011

Questions About Medical Malpractice

Medical malpractice occurs when a health care professional deviates from accepted standards of medical care resulting in harm to a patient.

    MIAMI, FL, August 26, 2011 /24-7PressRelease/ -- What is medical malpractice?

Medical malpractice occurs when a health care professional deviates from accepted standards of medical care resulting in harm to a patient. This does not mean that medical malpractice has occurred if another doctor would have handled a situation differently, but rather if your doctor acted in manner inconsistent with normal standards of care. Medical malpractice may include things such as:

- Delayed diagnosis/misdiagnosis
- Emergency room errors
- Medication errors
- Surgical errors
- Birth injuries
- Anesthesia errors
- Hospital errors

Are complications a form of medical malpractice?

Complications can occur in almost any medical situation. A complication in and of itself is not typically grounds for a medical malpractice lawsuit. If your doctor did everything possible, and followed accepted standards of care, complications that result in unsatisfactory results are generally not considered medical malpractice. However, if your complications were the direct result of a medical error, then you may be entitled to compensation through a medical malpractice claim.

How do I know if medical malpractice has occurred?

If you suspect medical malpractice has occurred, you should contact a medical malpractice attorney. You will need to request a copy of your medical records from your health care provider. This should be done without confrontation or accusations. Your attorney will review your information, and help you determine if you have cause to file suit.

Do attorneys take all medical malpractice claims?

Most attorneys will only take a medical malpractice case if there are serious or catastrophic injuries involved. The reason for this is simple: these cases are both difficult to prove and extremely expensive. If your injuries are minor and will not have serious consequences, your claim may not be worth pursuing.

What are the regular attorney fees in a medical malpractice lawsuit?

Due to the nature of these lawsuits, a contingency fee is standard for medical malpractice attorneys. This means your lawyer will take a percentage of your recovery if you win and not get paid if you do not receive compensation.

What are the caps on medical malpractice cases?

Caps for medical malpractice lawsuits vary from state to state. Your attorney will be able to advise you on the limitations on damages that apply in your state. Generally, these damage caps only apply to non-economic damages such as pain and suffering. Your economic damages such as medical expenses, long term care, and lost wages should never be limited by damage caps. Having an experienced attorney is the best way to make sure you are provided with the full amount of compensation you are due.

If you live in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myers, Florida and have questions about medical malpractice, please visit the website of the Cochran Firm South Florida for more information at

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