Have you or a loved one experienced medical malpractice or negligence? Here are 3 medical malpractice tips that we put together for you.
1. Damages for Heart Attack Cases
Many people who have experienced heart attacks come and ask whether or not they have sufficient damages to bring a claim if the processes by which their artery become clogged occurred over a long period of time. Potentially you would have a claim for failure to diagnose and evaluating your claim if you have the heart attack and you have long term catastrophic damages, are unable to do the things you once did or your heart has been damaged.
The heart is actually a muscle and if that heart muscle experiences extensive damage where now it doesn’t function. Then you may have damages sufficient to bring a claim, and you should contact an experience medical malpractice lawyer.
2. Limits on Damages in Malpractice Cases
Up until earlier in 2014 there were caps on all medical malpractice cases, those caps were on non-economic damages, damages for intangible losses such as pain and suffering, loss of companionship, of a loved one. Those caps were overturned as unconstitutional in a wrongful death case.
I personally am of the belief that that case applies to all non-economic damages in all cases, but the defense bar in our industry has taken the position that it applies only to wrongful death cases so there’s still some question about that. In addition, during the pre-suit phase of a medical malpractice case, if a physician admits that the act was wrongful and request arbitration caps automatically apply. Under the law because you don’t have to prove that the provider deviated the standard of care. Those caps are $350,000 if you proceed to a jury trial and $250,000 if you agree to arbitrate the claim.
3. If ROP Can Cause Blindness
The question is often been asked if not treated appropriately will ROP result in blindness. The greatest likelihood is yes, unless a laser procedure is performed to the optic nerve after the baby is born the baby will likely lose its vision due to Retinopathy of Prematurity.
If your child has been born with ROP in Florida, contact our experienced Tampa Medical Malpractice Attorneys to fight for your family.
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If you or a loved one has experienced medical negligence, check out our 3 medical malpractice tips and contact our experienced Tampa Wrongful Death Attorneys.