How to Protect Yourself from the Most Common Mistake Made by Patients After a Medical Error

Posted on by in Medical Malpractice

In Florida, when you settle your medical malpractice case with no severe injuries directly with the hospital or insurance companies, you usually get significantly less compensation than you should. When you visit a hospital, the medical professionals should ensure that your health improves and not make any mistakes. Medical professionals, however, can be negligent like anyone else and should be held liable for any unnecessary losses you suffered.

Say you were injured in the hospital. The staff will do their best to fix the issue as quickly as possible. While you deserve quick and efficient medical treatment, you may also receive calls or visits from the hospital's attorneys.

The hospital wants to know if they have any legal responsibility for your injuries. If possible, they may offer you a settlement immediately to keep your case from going before the courts. While this may seem like a godsend, always consider speaking to a lawyer first. Medical malpractice cases with no serious injuries - such as no brain injuries or no injuries that take years to recover - settled quickly without consulting a lawyer who knows this area of law well get less compensation. These types of settlements are prevalent in Florida.

For example, when you get your case settled with the medical facility or the hospital, all your medical bills should be accounted for. Unfortunately, many people who settle their cases directly don't know that medical facilities should give you extra money to cover future medical bills.

Never Accept the First Offer

When a hospital notices medical malpractice, they are quick to take action. Administrators have a lot of experience with the high costs associated with medical malpractice claims and lawsuits. Knowing that they have to pay out the least amount of money possible, you can expect a hard time trying to get paid. As such, they will take legal steps to protect themselves, and their insurance company lawyers will be eager to investigate the case. These parties may want to talk to you as soon as possible and convince you it's in your best interest to settle.

The hospital is not trying to be kind with this offer. They are just looking out for themselves. They may offer a fraction of what they would have to pay if you went through with your claim and won. Therefore, they will try everything to convince you that taking the offer is your best bet.

If you accept a lowball offer, they will require you to sign a contract stating that you will not sue the hospital. After this point, even if you realize the hospital lowballed you, you cannot receive any more money from them.

The Law Offices of Sean M. Cleary team knows firsthand how devastating hospital negligence can be. You may have a hard time getting back on your feet after an injury caused by the fault of someone else. A lowball settlement is just not enough, and it's usually offered to avoid further litigation with you. Unfortunately, these settlements will never cover long-term costs for medical bills or injuries sustained from this incident. It's easy for the insurer to offer lowball settlements and avoid further litigation - this is not what will help get your life back on track again quickly or efficiently.

What Will a Medical Malpractice Lawyer Do for You?

You may think: Okay, so I get I need an attorney right away. But what will the attorney do for me? Well, how an attorney serves a client's interests will vary from case to case. As a general proposition, however, a lawyer for medical malpractice will try to ensure that you receive adequate compensation for the harm the injury caused.

As a law firm experienced in medical malpractice claims, The Law Offices of Sean M. Cleary is dedicated to serving your best interests when you've been injured because of medical negligence. If you bring your case to us, we'll take the stress out of reaching a more favorable agreement. Call us and let our knowledgeable staff work with you to get through this process quickly. Our approach often includes the following steps:

  • Calculating the proper amount of money for your injuries
  • Investigating the hospital for negligence
  • Collecting evidence of medical malpractice
  • Discussing your condition with medical professionals
  • Negotiating with the hospital's insurance company
  • Diligently representing you in a medical malpractice case

While this process can be a long one, Sean M. Cleary, medical malpractice lawyer, possesses years of experience and knowledge in various subjects, which is why it might be worth your time to let him help you. In addition, The Law Offices of Sean M. Cleary offers every potential client a free initial consultation, so come see us and learn how we can help you fight your case.

Don't Settle for Less

Just like fingerprints, no two medical malpractice cases are the same. You might think this seems strange or irrelevant but hear us out for one second - if there's anything that we've learned over our 16 years as a law firm, it's that every single detail matters when looking at these cases because they're all so different from each other. Therefore, we need to examine your case before telling you what it's worth and advise how best to move forward. That being said, we have all the information for what your claim against the hospital that injured you should cover:

  • All the medical expenses you incurred because of the hospital's mistake, including:
    • Surgeries
    • Medication
    • Physical therapy
    • Any future treatment
  • In addition, you might have to take time off work to recover from your injuries. If this is the case, you can consider as part of any potential claims:
    • All of your lost wages
    • Future earnings

Medical expenses and lost wages can help you determine the economic damages of a malpractice claim, but these are not all the costs you can pursue. Besides the financial costs of your injury, you can advocate for your personal costs or non-economic costs. Financial compensation is the only way to cover these pain and suffering damages:

  • Physical pain
  • Mental anguish
  • Emotional distress caused by your trauma
  • Any impact on your personal life

As a result, your economic and non-economic damages will make up the bulk of your claim. The resulting compensation is likely to be significantly larger than any offer from the hospital's insurance company.

How Can The Law Offices of Sean M. Cleary Help Settle Your Medical Malpractice Case?

If you or a family member suffered an injury because of hospital negligence, you might be eligible to pursue a medical malpractice claim. To do that, you will want to work with the knowledgeable Miami medical malpractice attorney at The Law Offices of Sean M. Cleary.

With over 26 years of experience, Sean M. Cleary can diligently advocate on your behalf in an insurance negotiation or jury trial. As a result, your case will never be undervalued and your injuries or trauma will never be dismissed. To sit down with a compassionate legal team, call our office and schedule a free consultation. Each case is different. To give you a somewhat accurate estimate of what your case is worth, we need to know the details.

The Miami injury lawyer at The Law Offices of Sean M. Cleary is here to help you with your legal needs on a contingency fee basis. We do not charge you a dime until we successfully provide you fair compensation. Worries about paying your lawyer are never a barrier to securing an experienced legal professional for your case.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.