Florida is planning to ask voters about revisions to state medical malpractice laws in the November 2018 ballot. But should you be worried?
Medical malpractice remains one of the most common reasons why Florida residents go to courts to file lawsuits. And no wonder why. Every year, there are over 15,000 payouts made for medical malpractice across the U.S., while the total number of both lost and won medical malpractice claims goes through the roof.
Fact: more than 90% of all medical malpractice cases are settled out of court during pre-trial litigation.
But Florida, which accounts for some of the highest total payout amounts in medical malpractice cases, is planning to tackle the problem by asking local voters to weigh in on medical malpractice in the 2018 ballots.
What are these medical malpractice revisions about?
Last month, the General Revisions Committee of the Constitution Revision Commission voted in favor of a proposed constitutional amendment that would change the guaranteed access to adverse medical incident reports.
According to News4JAX, under the new medical malpractice revision, the access would not “abrogate attorney-client communications or work product privileges for patients, health care providers, or health care facilities.”
Our Cooper City medical malpractice attorney explains that the revision would be focused on changing the patients’ right to have access to records of health care providers’ adverse incidents. Our lawyers at Law Offices of Bradley Hartman, P.A. remind readers that in 2004, Florida voters approved a constitutional amendment that gave local patients this kind of access to the reports.
The commission is now considering to let Florida voters decide whether or not pass the proposed constitutional amendment. Lawmakers argue that the revision would help protect attorney-client privilege.
What is medical malpractice?
If you’ve received unacceptable standard of care during your medical treatment and want to file a medical malpractice claim to get compensation for your injuries, it’s essential to know how to file a claim to seek damages.
But before we get to the meat and potatoes of the process of filing a medical malpractice claim, let’s define what it is. Medical malpractice refers to when the treatment that you receive leads to injuries due to negligence or low standards of care.
Here are some of the most common forms of medical malpractice that lead to injuries and even fatalities:
- Lack of communication between patients and doctors (patients should be informed about everything that has to do with their treatment).
- Lack of consent.
- Inaccurate diagnosis.
- Inadequately trained medical personnel.
- Failure to stay up-to-date with medical and surgery standards.
- Failure to provide patients with adequate pre-treatment and follow-up diagnostic tests.
- Variations in policies and procedures.
- Poor technical skills.
- Problems with clinical judgment.
These are the most common causes of medical malpractice, which, if proven, can entitle you to compensation. Note: it’s never recommended to file a medical malpractice lawsuit on your own, as you need a skilled lawyer by your side to obtain sufficient evidence and get the compensation that you deserve.
How to file a medical malpractice claim?
- Get a free consultation from a medical malpractice attorney in Cooper City.
- Get copies of your medical records.
- Let the attorney help you notify your insurance company about medical malpractice.
- Comply with pre-lawsuit requirements.
- Let your attorney collect sufficient evidence of negligence or reckless on the part of medical personnel, hospital and its staff.
- Estimate the full value of your injuries and damages.
- File a medical malpractice claim.
Contact our best attorneys in Cooper City here at Law Offices of Bradley Hartman, P.A. for a free case evaluation. Call our offices at 954-438-1000 or complete this contact form.