Medical Malpractice Law Firm
There are few realities in life more jarring than trusting in someone or something and then having that trust broken. When Florida patients suffer as a result of medical negligence and then their insurance providers refuse to pay associated medical claims, trust is shattered in two ways. As patients, individuals trust their physicians to provide them with excellent medical care at best and care that meets minimum acceptable standards at worst. When a physician is negligent and breaches their duty of care to a patient, trust is broken and disastrous consequences often follow.
Similarly, when an insurance provider fails to treat a policyholder’s claims in honest and fair ways, trust in the insurance system becomes compromised. The entire point of purchasing insurance is to ensure that should specific kinds of misfortune befall a policyholder that the affected individual will be able to afford bills directly covered by his or her policy. Unfortunately, there are times when insurance providers fail to uphold their end of their contractual obligations and/or legal duty of care to policyholders. This kind of behavior is referred to legally as “bad faith.” If you are concerned that your insurance claims have been affected by bad faith behavior, please consider scheduling a consultation with an experienced Longwood, FL medical malpractice attorney today.
Bad faith may occur in a variety of forms. Insurance providers may fail to pay claims explicitly covered under a policy. It may under pay or significantly delay such payments. Providers may fail to thoroughly investigate claims or provide solid reasoning for claim denial or underpayment. Provider employees may deliberately mislead policyholders in regards to the coverage associated with their policy or the letter of the law. In short, any time an insurance provider behaves in an intentionally dishonest way or fails to live up to its contractual obligations (and no legal exception, like fraud on behalf of the policyholder, may apply) this behavior may ultimately be considered to be in bad faith.
When a policyholder has been harmed as a result of bad faith on the part of an insurance provider, that policyholder may benefit from filing a bad faith claim. If the insurance claims affected by bad faith resulted from medical care tied to medical negligence, that individual may be able to file a medical malpractice claim. Taking legal action while grappling with the stresses created by broken trust can be a daunting process. But you do not have to navigate the legal side of these issues alone. Experienced Longwood, FL medical malpractice attorneys are passionate about advocating on behalf of their clients’ interests may be able to help.
Legal Options Are Available
If you have questions about insurance claims related to your medical treatment, please do not hesitate to contact an experienced Longwood, FL medical malpractice attorney. If your insurance company has delayed payment or rejected a claim that should be covered by your policy, you may have grounds to file a bad faith claim. It may also be possible for a member of the legal team at David & Philpot, PL to negotiate with an insurance company on your behalf and ensure that your claim is properly attended to without legal action, depending on your unique circumstances. Finally, you may have grounds to explore the possibility of filing a medical malpractice lawsuit against the physician who harmed you.
When consulting with your Longwood, Florida medical malpractice attorney about your insurance challenges, please inform him or her if medical negligence may have played a part in your need for treatment. This reality makes your situation more complex, but it also may open up additional legal opportunities as well.
Types of Malpractice
There are many types of personal injury accidents that result in the death of the victim. Some of the most common include car accidents, premises liability, hazardous work conditions, and more. However, the most common cause of wrongful death are medical malpractice cases. In this country, it is estimated that medical errors are responsible for the deaths of almost a quarter of a million victims every single year. Medical errors have been identified as the third leading cause of death in the nation, with only heart disease and cancer responsible for more deaths.
What Are the Most Common Types of Medical Malpractice?
On average, more approximately $3 billion is paid out each year in medical malpractice claims. At David & Philpot, PL, each Longwood, FL medical malpractice lawyer finds the following are the most common types of medical errors and negligence:
- Surgical Errors: No matter how advanced medical equipment and tools used in a surgical procedure are, human error is the number one cause of medical negligence, especially when it comes to surgical errors. National statistics show that there are more than 4,000 preventable surgical errors each year in this country. Some of the most frequent surgical errors include operating on the wrong party, mistakes with anesthesia (i.e. incorrect dose, allergies), and leaving surgical tools inside the patient.
- Misdiagnosis: Thousands of patients are given the wrong diagnosis each year. If a patient has a serious medical condition that has been misdiagnosed, not only are they in danger of not receiving the necessary treatments to make them well, but the treatments their doctor may have prescribed for an incorrect condition could also be harmful. Either scenario can result in severe medical crisis or even death for the patient.
- Nursing Home Abuse: At least 10 percent of senior citizens are victims of some form of abuse. Those who reside in nursing homes are particularly vulnerable. Nursing home abuse includes physical abuse, emotional abuse, sexual abuse, and patient neglect. If families believe their loved is a victim of nursing home abuse, they should immediately contact law enforcement or the appropriate government agency and a Longwood FL medical malpractice lawyer from David & Philpot, PL.
Sadly, many victims of medical malpractice do not survive their injuries. This does not mean the medical professional cannot be held legally liable for all the losses of the victim and their family. In these tragic cases, the family or a representative from the victim’s estate may be able to pursue a wrongful death lawsuit against those responsible for the victim’s death.
Contact a Longwood FL Medical Malpractice Lawyer
Medical malpractice impacts far too many Americans every year. If you or a loved one have suffered due to the negligent actions of a medical professional, you deserve compensation for the pain and cost endured. At David & Philpot, PL, our legal team is dedicated to helping clients recover what they are entitled to. To schedule a free consultation with a medical malpractice lawyer Longwood FL clients recommend, call us today.