When we are in need of medical care, most of us never expect that the medical professionals who assist us will inflict further injury. Unfortunately, this is the case for tens of thousands of Americans every year and is commonly known as medical malpractice.
Medical malpractice, sometimes referred to as medical negligence, occurs when a patient is exposed to injury or death as a result of a medical professional’s actions or inactions. Examples of medical negligence include errors in diagnosis, medical treatment, and aftercare. Victims will often be faced with expensive medical bills, loss of earnings, and other damages, and have the right to adequate compensation.
At The Law Place, we have over 75 years of combined experience in handling personal injury cases in the State of Florida. Our experienced Bradenton medical malpractice attorneys have the knowledge and expertise to take on these complex legal cases, and we will work tirelessly to ensure that you and your loved ones are compensated in full for any damages.
Call us now for a free consultation at (941) 444-4444. Our phone lines are open 24 hours a day, 7 days a week.
Who Can File a Medical Malpractice Lawsuit in Florida?
Your Bradenton medical malpractice attorney will need to establish the following in order to pursue a medical malpractice lawsuit on your behalf:
- There was a patient/doctor relationship – It must be established you had a patient-doctor relationship with the physician or care provider in question. You can only sue a physician if you hired them to provide medical care.
- The doctor or care provider was negligent – In any medical malpractice case, you will be required to establish that your doctor failed in their duty of care and that their actions or inactions resulted in injury and harm that a competent medical professional would have prevented. Your lawyer will acquire testimony from a medical expert who will outline how doctors should act under similar circumstances and how your doctor’s course of action deviated from that standard.
- This negligence caused patients injuries or death – Evidence must be provided to show that the doctor’s negligence was the direct cause of your injuries. For example, if a doctor demonstrates medical negligence, but no injuries were sustained as a result, you do not have grounds for a medical malpractice suit in Bradenton, FL. However, if a doctor’s medical negligence directly caused an injury, and this led to the loss of earnings, worsened an existing medical condition, and/or resulted in further medical bills, you may have a case of medical malpractice and a right to adequate compensation.
Establishing these elements is a lengthy and complex process. In fact, medical malpractice lawsuits are some of the most complicated types of personal injury cases. For this reason, it is crucial that you seek the help of a medical malpractice attorney who has the necessary knowledge and experience. Our law firm has some of the best medical malpractice lawyers in the State of Florida. Call us now and find out more at your free case evaluation.
Medical Malpractice in Bradenton, FL.
It may surprise you to learn that every year, over 250,000 people in the United States as a result of medical errors and medical negligence, according to a study by Johns Hopkins University. This shocking figure makes medical malpractice the third-leading cause of death in the U.S. According to the Institute of Medicine (IOM), deaths that occur due to preventable events exceed those that are attributed to motor vehicle accidents. If you have been a victim of medical malpractice, it is important that you seek legal advice and hold these negligent medical professionals responsible for their actions.
Common Examples of Medical Malpractice in Bradenton, FL.
There is a wide range of examples of medical malpractice that can lead to a lawsuit, including:
- Poor/ no follow-up or aftercare appointments.
- Premature discharge from medical care.
- Disregard for patient history.
- Failure to record patient history.
- Failure to arrange appropriate medical testing.
- Failure to recognize a patient’s symptoms.
- Failure to diagnose and treat a patient correctly.
- Ignoring or misreading laboratory results.
- Unnecessary surgery.
- Surgical errors.
- Wrong-site surgery.
- Incorrect medication.
- Wrong medication dosage.
If you have been the victim of any of these forms of medical malpractice, you should seek legal advice immediately, so you can be fully compensated for your damages and the negligent party can be held accountable for their actions. Call The Law Place now for a free consultation with an experienced Bradenton, FL., medical malpractice attorney.
Common Injuries Sustained as a Result of Medical Malpractice in Bradenton, FL.
Every Bradenton, FL., medical malpractice case is different, and the injuries are wide-ranging, but some of the most common examples are:
- Infections – These are a common result of sterilization and contamination issues in a hospital. They can occur if surgical equipment has not been properly sterilized and is used during a surgical procedure. Contaminated equipment can cause infection at the site of the surgical incision and throughout the entire body, leading to serious injury and even death.
- Surgical incisions in the wrong patient – There are cases where a patient is operated on despite not requiring surgery. This means that they are forced to endure a complicated medical procedure that causes unnecessary pain and suffering for no reason. They will also need recovery time and follow-up appointments, which could affect their earnings, and they should be compensated for these losses.
- Drug overdose or allergic reactions – Hospitals have a duty to ensure that they are prescribing the correct medications and the right dosage. Failure to do so can result in an overdose or a bad reaction to the medication.
- Wrongful death – In the most serious cases of medical malpractice, patients lose their life after suffering fatal injuries. Wrongful death in medical malpractice cases may have occurred due to not paying attention during serious surgical procedures, incorrect or improper medication, or device malfunction.
There are many other examples of medical malpractice. We have worked with clients in Bradenton and throughout Florida who have suffered brain damage, loss of a limb, birth injuries, and more. Whatever the case, you deserve sufficient care from all Bradenton care providers and medical professionals and should not be out of pocket due to someone else’s negligence. Call The Law Place now for a free case review from a personal injury lawyer.
Relevant Circumstances in a Bradenton, FL., Medical Malpractice Case
Medical malpractice cases are never straight forward. A medical professional can only be expected to provide care according to what they know and the medical equipment that they have access to. For example, if a person fails to declare that they are taking certain medications, a doctor cannot be expected to read their mind. If a drug is then prescribed that causes a serious reaction to the drug they are taking, a medical professional will not be held accountable for any injuries because, in this case, the care provider did not breach their duty to act with reasonable care.
There are other circumstances that may be relevant to your claim. A Bradenton, FL., medical malpractice lawyer from The Law Place, will be able to review your case during a free consultation. Call us now to get started.
Foreseeability in a Bradenton, FL., Medical Malpractice Case
An important requirement in any medical malpractice case is showing that you could not reasonably foresee your injury or any necessary consequences of the medical treatment.
For example, a surgeon will need to cut through your breastbone to perform open-heart surgery. This is a crucial and unavoidable part of the procedure and is considered foreseeable. Therefore, you cannot sue the surgeon for any pain and suffering you endure as a result, unless the surgery properly was not performed competently.
What Damages Can You Recover Through a Medical Malpractice Lawsuit?
Every medical malpractice case is different and can range from minor to serious injuries or even death. You and your loved ones may be entitled to economic, non-economic, and punitive damages if the medical professional’s negligence can be established. A medical malpractice lawyer from our law firm will ensure that you are compensated in full for any damages, which may include:
- Medical bills – You can seek compensation for any current, past, and even future medical expenses. This includes any hospital care, ER visits, necessary medical devices, routine doctor’s appointments, and more.
- Loss of wages and earning capacity – Many victims of medical malpractice are forced to take a leave of absence from work due to their injuries. Other victims sustain injuries that mean they may have to change jobs or even can never go back to work again. You could claim compensation for any wages you would have earned if you were not injured.
- Pain and suffering – This refers to the physical pain and emotional suffering that you have endured as a result of another person’s negligence. Compensation for physical pain and suffering will be calculated based on the nature and extent of your injuries. Compensation for the emotional distress caused by your injuries will be calculated based on the level of anxiety, depression, fear, and mental distress you are shown to have suffered.
- Loss of consortium – If your spouse or a close family member has lost their life due to medical malpractice or they have suffered a permanent or life-altering injury, you may be entitled to damages, including a loss of companionship. You may also be entitled to compensation for loss of an income to a family household.
In addition, you may be entitled to punitive damages if it is determined that the medical professional in question acted with maliciousness or gross negligence. Courts will impose punitive damages to make an example of the negligent party, in this case, a medical professional, and to deter others from behaving in a similar way.
The medical malpractice lawyers at The Law Place can offer you personalized information regarding the damages you’re entitled to recover in your free case evaluation. Call us now for a free consultation with an experienced Bradenton, FL., medical malpractice attorney.
Florida’s Wrongful Death Act
Florida’s Wrongful Death Act, as in Florida Statute 768.16, states that when a person loses their life as a result of medical malpractice, there is a specific list of family members who have the legal authority to pursue a case for the death of the loved one:
- Children of the deceased, 25-years-old or younger.
- Adult children of the deceased who were dependant on them for financial support.
- The spouse of the deceased.
- The parents, if their child was 25-years-old or younger.
If the unimaginable has happened and you have lost a loved one as a result of medical malpractice, call The Law Place now to discuss your options in a free consultation.
Statute of Limitations for Medical Malpractice Lawsuits in Florida
In the State of Florida, the statute of limitations for filing a medical malpractice lawsuit is two years, and this starts from the discovery of the incident in question. In law, discovery refers to when the information that medical malpractice occurred is first obtained. For example, if a doctor amputated the wrong hand by accident, medical malpractice would have been discovered when the patient woke up. Therefore, the victim has two years to file a medical malpractice lawsuit from the date of the procedure.
However, other medical malpractice scenarios are not discovered as soon as this. In cases where a medical instrument is not taken out before a wound is closed, you may not realize that you are walking around with this inside you for weeks or even months. A victim, in this case, has two years from the date of discovery to file the medical malpractice claim.
However, no legal action can be taken later than four years after the incident. Therefore, if the victim does find the medical instrument for four years, they cannot file a medical malpractice lawsuit in the State of Florida.
There are other elements that may affect the statute of limitations in your case, so if you need assistance in determining if you have grounds for a medical malpractice lawsuit, call The Law Place now to speak to a Bradenton, FL., medical malpractice lawyer.
Why Choose The Law Place to Handle Your Bradenton, FL., Medical Malpractice Case
The Law Place is not like any other law firm in Florida. Our established practice and our team of experienced attorneys have a track record that is hard to beat. Our team combines their knowledge, assets, and experience to offer the best legal support in the state. Our medical malpractice attorneys are all litigators who constantly fine-tune their skills in order to seek justice and victory on behalf of their clients. Many of the attorneys at our practice are AVVO 10.0 rated, the highest possible rating on the site. This is based on trial skills, associations, length of practice, and client reviews.
We always offer a free consultation, so you will know all of your options before committing to anything. Call us today to speak to one of our trusted Bradenton, FL., medical malpractice lawyers.
Call The Law Place Now for a Free Consultation
The Law Place are leaders in securing adequate compensation settlements for victims of medical malpractice, meaning our clients can focus on their recovery. It is our moral duty to hold negligent medical professionals accountable for their actions, to deter them from causing any further pain and suffering by offering substandard medical care. Furthermore, you have the right to adequate compensation for your injuries.
For more information about filing a medical malpractice lawsuit in Florida, call us today to schedule a free, no-obligation consultation with a Bradenton medical malpractice attorney.
Our telephone number is (941) 444-4444, and our phone lines are open 24 hours a day, 7 days a week, so get in touch today to begin your pursuit of justice!