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What to Do (And Not to Do) When Faced With a Medical Malpractice Claim


Doctors are supposed to be people that we can trust with our lives, and medical centers, such as hospitals, are supposed to be places of reprieve, safety, and care. Unfortunately, recent studies indicate that at 250,000 deaths per year, medical malpractice is now the third leading cause of death in the United States. This number far surpasses the previous third leading cause of death – respiratory disease – which kills on average 150,000 individuals each year (Johns Hopkins University). Medical malpractice can result from any number of causes, ranging from misdiagnosis to the complete failure to diagnose, and from errors in medication prescriptions to errors relating to child birth (which account for 20 percent of all medical malpractice cases).

It can be scary to think that you might go in for a routine procedure and come out with an entirely new, and oftentimes far worse, condition, but medical malpractice is occurring at an alarming rate across the country. What is even scarier is that the law makes it difficult to file a successful medical malpractice claim against medical personnel, and to receive the compensation you deserve for the damages sustained.

Medical Malpractice Claims Success Rate

According to the National Center for Biotechnology Information, medical personnel win approximately 80 to 90 percent of all medical malpractice claims with weak evidence that go before a jury trial; they win approximately 70 percent of all cases with adequate evidence; and they win approximately half of all cases with strong evidence of medical negligence. Furthermore, though 80 to 90 percent of all medical malpractice claims that are rated as “defensible” by legal experts are dropped or dismissed without payment.

Dos and Don’ts of a Medical Malpractice Claim

If you hope to be successful in your Tampa medical malpractice case, there are certain steps you should take, and some that you should avoid, in order to prove that the medical professional or facility is liable for your injuries. Steps you should take include:

  • Document everything, and if possible, get photographic evidence;
  • Keep all of your medical records, and always request a copy of the updated versions after each appointment; and
  • Contact an lawyer as soon as you suspect that the medical personnel were negligent in their care of you.

Some things that you should avoid doing altogether include:

  • Over-sharing information regarding your intent to file a medical malpractice claim, especially with your medical provider;
  • Signing any waivers without first consulting with your medical malpractice lawyer; and
  • Hiring an lawyer in haste.

Contact a Tampa Medical Malpractice Lawyer

At The Pendas Law Firm, our Tampa medical malpractice lawyers are seasoned in the field of personal injury and medical malpractice, and know exactly what steps to take, and which to avoid, in order to achieve a successful outcome to a medical malpractice case. To consult with an experienced Tampa medical malpractice lawyer, call 1-888-LPENDAS today. We also service clients in the Orlando, Jacksonville, Fort Lauderdale, Miami, West Palm Beach, Daytona, Bradenton, and Fort Myers areas.




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