Did you know that there are approximately 250,000 deaths every year in the United States due to some form of medical error? According to Johns Hopkins Researchers, medical errors in the U.S. are the third leading cause of death.
Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management. Not every medical mistake qualifies as malpractice — the provider must have been negligent, and you must have been harmed as a direct result.
If you believe you or someone you love suffered injuries, complications, or harm as a result of a doctor or medical professional's negligence, reach out to our Florida personal injury lawyers right away to discuss your legal options.
Common Examples of Medical Malpractice
Medical malpractice can take many forms; it may be intentional or it may occur simply as the result of a medical professional's mistake. However, in order for it to be considered malpractice, the medical professional must have failed to provide a standard of care.
Some common examples of medical malpractice include:
- Prescription errors
- Failure to diagnose or wrong diagnosis
- Missed or late diagnosis
- Birth injuries or death
- Unnecessary surgery
- Being discharged prematurely
- Failure to order proper testing
- Failure to recognize symptoms
- Failure to warn a patient of the known risk
Proving a Medical Malpractice Case
To prove that medical malpractice occurred, you must be able to show the following:
- A doctor-patient relationship existed: You must be able to show that a relationship existed between you and the doctor you are suing. This means that you hired the doctor to perform a service and the doctor agreed to be hired.
- The doctor was negligent: You need to prove that the doctor was negligent in your diagnosis or treatment. You also need to prove that the doctor caused harm in a way that a competent doctor would not have under the same circumstances. Most states require that you present a medical expert to discuss the appropriate medical standard of care.
- The doctor's negligence caused the injury: You must be able to show that it is "more likely than not" that the doctor's negligence directly caused the injury. This is another area where it's helpful to have a medical expert testify on your behalf.
- The injury led to specific damages: Even if it's obvious that a doctor was negligent, you can't sue for malpractice if you didn't suffer any harm. Some of the most common types of harm include physical pain, mental anguish, additional medical bills, lost work, and lost earning capacity.
Statute of Limitations in Florida
The statute of limitations for filing a medical malpractice suit in Florida is governed by Florida Statute 95.11(4)(b). The law states that you must file a medical malpractice suit within two years of the date on which the harm resulting from the malpractice was discovered or should have been discovered with the exercise of due diligence. There is also a blanket deadline of four years from the date of the alleged medical malpractice, regardless of when you discovered the harm.
If you believe that you have a medical malpractice lawsuit, the best thing you can do is to meet with an experienced personal injury attorney as soon as possible to discuss the merits of your claim.
"I completely trust Carmen and the rest of the attorneys at The Dellutri Law group. Carmen cares about his clients and works hard to provide the best representation for them. Unlike some other attorneys, Carmen puts the interests of his clients first. I would not hesitate to use Carmen again in the future or recommend him to anyone I know." — D.L. (Google)
What to Expect When You Contact Us
When you call about a potential medical malpractice case, we will want to know several things, including:
- All treating physicians involved
- All medical facilities where treatment occurred
- What treatments or surgeries were prescribed or performed
- Injuries sustained
- If a death occurred, whether there was an autopsy
- What you think went wrong and why
We receive calls nearly every day for potential medical malpractice claims. While we are, unfortunately, not able to take all of these cases, as not all of them pass our rigorous screening process, that doesn't mean you shouldn't call us to talk to one of our Florida medical malpractice attorneys.
If you have questions and need answers, contact us today. If you were injured due to nursing home negligence, we can help with that as well.
