Hospital negligence is a silent killer that causes the death of many patients every year. It also causes disability and injury to others. Fortunately, the law allows you to seek compensation if a hospital’s negligence caused your injury.
You probably wonder, How do you prove when a hospital is negligent? Proving hospital negligence can be a complex and challenging process. In this article, the attorneys at Senior Justice Law Firm discuss how to prove hospital negligence in Florida.
What Is Hospital Negligence?
Hospital negligence is any action by a hospital that falls short of the established standards of care in the medical profession. Under Florida’s medical malpractice laws, the victim has to prove, by a preponderance of the evidence, that the actions of the hospital or health care provider represented a breach of the prevailing professional standard of care. They must then prove that the breach caused their damages.
What Is a Hospital’s Standard of Care, and When Is There a Breach?
Florida hospitals have to provide a certain standard of care to their patients. The standard of care is defined as the level of care, skill, and treatment that a reasonably prudent hospital would provide under similar circumstances.
What does this mean, practically speaking? Hospitals must ensure they properly train their staff members so that they can perform their duties sufficiently. Hospitals must also provide a safe and clean environment for patients. This includes maintaining equipment and facilities and following established protocols and procedures for medical treatment. Finally, hospitals in Florida are required to maintain accurate medical records and to communicate effectively with patients and their families.
Hospitals breach their standard of care when they don’t provide the level of care or treatment of reasonably prudent medical professionals. For example, a hospital breaches its duty of care if it doesn’t properly clean the facility and a patient contracts a disease.
Causation: The Crux of Your Case
Once you have proved a hospital breached its standard of care, you must show that the hospital’s breach of care led to your injuries. In Florida, an injured patient must prove that the hospital’s negligence was the cause of their injuries to establish causation. This means you must show that the hospital’s negligence was the primary cause of your harm.
How do you prove causation in court? There are several ways, including through the use of medical records, expert testimony, and documentary evidence. You’ll likely need the testimony of another medical professional. Hiring a skilled and experienced attorney who can help you gather and present the evidence you need to prove causation in a hospital negligence lawsuit is essential.
You must also prove that this incident resulted in damages. Your damages may include the following:
- Additional medical treatment costs,
- The cost of visits to outside medical professionals,
- Lost wages, and
- Pain and suffering.
However, if you didn’t have any damages due to the hospital’s negligence, you won’t be able to bring a case.
Looking for Legal Assistance Regarding Hospital Negligence? We’re Ready to Help
Now you have an idea of how to prove hospital negligence in Florida. But learning about how to prove medical negligence in a hospital and actually proving hospital negligence are two different things. If you’re ready to take on the hospital that harmed you, then contact Senior Justice Law Firm. We are a team of outstanding legal professionals with decades of collective experience handling hospital negligence cases. Thanks to our extensive experience and professionalism, we have recovered millions of dollars in jury verdicts and settlements for our clients. Let us represent you and fight for the compensation you deserve. Contact us today at (888) 375-9998 or via our website.
Average Settlement for Hospital Negligence in Florida
Medical errors are the third-leading cause of death in the United States. If you’ve been injured by medical errors due to hospital negligence, you may want to know the average settlement for hospital negligence. The settlement value for hospital negligence varies dramatically from one case to the next. The possible settlement for a hospital negligence claim depends on several factors, including the factual background of your case and your specific injuries. Your actions also play a role in the final settlement value. Read on to learn more about the factors that affect the settlement value of your hospital negligence claim.
Factors that Affect the Size of a Hospital Negligence Settlement
Some of the factors that can impact the size of a hospital negligence settlement include:
- The severity of the injuries. The severity of the injuries of your injuries impacts the settlement value of your claim. If your injuries are severe and have a lasting impact on your life, the settlement payout will be larger.
- The length of hospital stay. Hospital stays are incredibly expensive these days. If you had to stay in the hospital for an extended period, the responsible party must compensate you for this loss. Thus, you may expect a larger settlement amount than someone who did not need much medical care for their injuries.
- The type of medical treatment needed. If you require ongoing medical treatment because of the hospital’s actions, it will increase your potential settlement value. Medical treatment is costly, and victims of medical negligence can seek compensation for the medical bills related to their injuries.
- Lost wages. Yet another factor underlying your settlement is your lost wages. Some people are out of work for only a few days, while others may be out for months or years due to their injuries. The more wages lost, the higher the potential settlement value.
- Pain and suffering. Aside from objective losses like medical expenses and lost wages, Florida law allows you to recover compensation for your pain and suffering. This includes physical pain, emotional distress, and mental anguish.
- Liability. Your ability to prove the hospital or healthcare provider’s negligence impacts the settlement value of your case. This proof often requires testimony from witnesses, particularly other medical experts, to demonstrate that the hospital was negligent.
- Comparative negligence. Finally, your actions play a role in your settlement value. Florida is a comparative negligence state. This means that any potential compensation you’d expect will be reduced in proportion to your percentage of fault.
Other factors affect the value of your claim. Rather than trying to figure out the average settlement for hospital negligence, contact our attorneys to help you determine your potential settlement value.
We Can Help You Determine the Value of Your Hospital Negligence Claim
Now that you know the factors that affect the average payout for hospital negligence cases, you’re probably curious about what you can expect for your specific case. However, the best way to learn about your individual case is from a law firm with extensive experience in Florida hospital negligence cases.
Senior Justice Law Firm is a distinguished law firm focusing on elder abuse and hospital negligence cases. Our team of dedicated attorneys is passionate about giving a voice to the defenseless. We have earned countless accolades and awards thanks to our professionalism and client-centered approach. For example, we have a 10.0 Avvo rating and an AV preeminent rating from Martindale-Hubbell. Don’t wait on your opportunity to get the compensation you deserve. Give us a call today at 888-375-9998. You can also reach us through our website.« Previous PostNext Post »