Table of Contents
Table of Contents
Serious hospital errors are all too common, mostly in busy operating rooms and in patient recovery areas.
Simple pre-procedure surgical team huddles could eliminate almost all surgical errors. On the back end, a simple instrument count and post-procedure evaluation could eliminate most errors in this phase. Unfortunately, many doctors aren’t willing to invest even a few extra seconds in patient safety matters. Later, when patients go to recovery areas, many surgical teams drop their guard slightly. This slight lapse is all it takes for a serious, and often deadly, bacterial infection to set in.
Occasionally, a defective or dangerous product is responsible for injury. Common product defects, for which manufacturers are strictly liable, include manufacturing and design defects. Additionally, manufacturers have a duty to warn consumers, including doctors, about all known side-effects.
Many doctors don’t take patient care seriously. In contrast, the dedicated Port St. Lucie hospital error lawyer at Freidin Brown, P.A. is 100 percent committed to victims. This commitment includes our promise to fight for maximum compensation. Obtaining the best possible result is a process. Our commitment never wavers no matter how long this process takes.
Beginning a Negligence Claim
A house must have a strong foundation to withstand adverse weather and other attacks. Likewise, your negligence claim must have a strong foundation to withstand insurance company defenses.
This foundation begins with a thorough case evaluation. As indicated above, most medical malpractice claims are quite complex. Attorneys must identify your legal options and then clearly explain the pros and cons of each approach.
Evidence collection is next. Usually, this process includes gathering medical bills and talking to witnesses. Our Port St. Lucie hospital error lawyers usually have no problem overcoming privacy laws and obtaining all medical records in a case, even if they’re at different facilities in different jurisdictions. Witness testimony often includes lay and expert witnesses in medical malpractice claims.
All this work on the front end pays off on the back end, in the form of maximum compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
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Resolving a Negligence Claim
A few medical malpractice cases go to trial. This trial could be before a judge or a jury. However, almost all civil claims settle out of court.
Informal settlement negotiations usually begin once medical treatment is at least substantially complete. If a case settles before then, the settlement might not reflect all future medical expenses. If that’s true, the victim is often financially responsible for these costs.
Therefore, most claims usually settle relatively late in the process, during mediation. A third party mediator listens to both sides and then tries to bring the two sides together. Even if the sides are relatively far apart on a settlement amount, mediation usually works. For one thing, both sides have a duty to negotiate in good faith. “I’ll see you in court” is not a good faith negotiating position. Additionally, by this time, the trial date is just around the corner. Both sides are usually anxious to avoid a courtroom showdown with an unpredictable outcome.
Reach Out to a Successful St. Lucie County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Port St. Lucie hospital error lawyer, contact Freidin Brown, P.A. We have a very successful track record in these matters.
Frequently Asked Questions About Hospital Error
Our firm can answer FAQs about hospital error cases in Port St. Lucie, including:
Can I sue if the surgical team in Port St. Lucie left something inside me during my procedure?
Yes. These are known as “retained foreign objects,” and they are entirely preventable through standard instrument counts and post-procedure huddles. If a surgeon or nurse failed to perform these basic safety checks, they have breached their duty of care. A Port St. Lucie hospital error lawyer can help you hold the surgical facility accountable for the additional surgeries, pain, and infection risks caused by their failure to invest a few extra seconds in your safety.
What can I do if I caught a serious infection while recovering at a Port St. Lucie hospital?
Hospital-acquired infections (HAIs) often occur when surgical teams drop their guard in recovery areas or fail to follow strict sanitation protocols. While hospitals may claim infections are “unavoidable,” many are the result of negligence. A medical malpractice attorney at our firm will investigate the hospital’s hygiene records and staff actions to determine if a lapse in care allowed a deadly bacterial infection to set in, entitling you to compensation for your extended medical treatment.
Is the hospital in Port St. Lucie responsible if a defective medical device injured me?
Liability depends on whether the injury was caused by a doctor’s error or a flaw in the device itself. Manufacturers are strictly liable for design or manufacturing defects and have a duty to warn doctors about known side effects. If a dangerous product caused your injury, our hospital error lawyers in Port St. Lucie can help you determine if your claim should be against the medical facility, the manufacturer, or both.
Should I settle my Port St. Lucie hospital error claim as soon as the insurance company offers money?
No. It is often a mistake to settle before your medical treatment is substantially complete. If you settle too early, the amount may not cover future surgeries or long-term care, leaving you financially responsible for those costs. Our medical malpractice lawyers will typically wait until your total losses are clear before entering mediation to ensure you receive the maximum compensation for both medical bills and your pain and suffering.