Medical malpractice is when a care provider’s negligence causes an injury to one of their patients. This can happen in a hospital, doctor’s office, inpatient care facility, or at a local pharmacy.
Just because a medical procedure or surgery failed to have a desirable outcome does not mean that you have a medical malpractice case. To have such a claim, there must be negligence, according to Florida Statute 766.101. If your injuries or health condition is a result of a doctor’s error or poor judgment, you may have the basis for legal action.
Health care providers are obligated to provide a standard of care that other medical professionals in their field would reasonably be able to diagnose or treat. When care providers are unable to meet this standard of care, it can put patients at serious risk of harm.
Types of Medical Malpractice
Different types of medical malpractice can cause significant injury.
Some examples include:
- Failure to diagnose: This happens when a doctor fails to accurately diagnose a condition for which a patient seeks treatment. The more time that passes between diagnosis and treatment, the more severe an affliction can become.
- Missed laboratory results: If a medical caregiver improperly reads test results, mixes them up with another patient’s, or fails to inform you of its findings, this qualifies as negligence.
- Surgical errors: This can range from a surgery performed on the wrong limb to improperly administered anesthesia.
- Unnecessary surgical procedures: If your doctor recommends an unnecessary operation that does not treat any of your health conditions, they may be found responsible for your injuries.
- Wrong medications: Should a healthcare provider prescribe you the wrong medication, the wrong dose, or a drug that interacts poorly with your medical history, this can be detrimental to your well-being.
- Insufficient aftercare: Aftercare and follow-up procedures are important aspects of the healing process. If a provider fails to give appropriate aftercare that worsens a health condition, they could be held responsible.
- Not taking accurate patient history: Taking a thorough and accurate patient history can inform a doctor’s recommended course of care. Failing to review and ask for patient history could put your health at risk.
Other forms of medical malpractice are possible, such as birth injuries. In many cases, medical malpractice could involve several different missteps from a care provider or a hospital. If you face injuries because of the negligence of a medical professional, you may have the right to move forward with a civil action. Discuss your case with our medical malpractice attorneys to understand your legal options. In many situations, you can file a claim or a lawsuit against the negligent doctor, the medical facility, its parent company if it is the case, or other parties (the manufacturer of a defective medical device, for instance.)
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Assigning Liability for Medical Malpractice
It can be difficult to determine liability in some medical malpractice cases. For example, if a caregiver prescribes the wrong dosage of medication to a patient, accountability may rest on multiple parties. Did the doctor prescribe the wrong medication? Did a lab technician misread your test results? Could the pharmacist have filled the script incorrectly? Examining the details of your own negligence case can be exhausting. For this reason alone, many people choose to contract the help of a legal professional.
Statute of Limitations for Medical Malpractice Cases in Florida
The state of Florida classifies medical malpractice as a personal injury claim. These types of cases fall under Florida Statute 95.11, which allows four years from the date when the injury occurred or was discovered.
While this may seem like a long time, the earlier you hire a medical malpractice lawyer, the more time they will have to build your case. The discovery process can take time and includes gathering evidence. As time goes on, memories fade, evidence may become misplaced, and the defendant’s legal team may grow skeptical about the cause of your injuries.
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Possibly Recoverable Losses
The value of damages that you can recover will depend on the specifics of your case. It can include payment for ongoing medical expenses, pain and suffering, lost wages, and diminished earning capacity. Your medical malpractice lawyers may be able to provide you with an estimate regarding the value of your claim.
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Discuss Your Case with a Medical Malpractice Lawyer
If you or a loved one has been the victim of negligence, it may be wise to discuss your case with a Florida medical malpractice lawyer. The team at Ben Crump Law, PLLC believes that you and your family should not have to deal with the aftermath of a medical professional’s error. Our staff operates on a contingency basis, which means that you do not pay any out-of-pocket fees or upfront costs. We take our payment from the compensation that we recover for you. If we cannot successfully pursue your case, we do not get paid. For more information on the services we provide, call Ben Crump Law, PLLC at 800-641-8998.
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