When seeking care from a medical professional, we expect a certain level of care. You expect to be in safe and capable hands when entering medical practice. You certainly don’t expect to attain more injuries or health-related issues due to medical malpractice or negligence.
With the millions of dollars of money paid out by citizens every year, we are sure that we can trust the medical professionals who are taking care of us. Still, many residents in Florida have experienced medical malpractice due to medical negligence, which in our eyes, is entirely unacceptable.
If you or a loved one has been unfortunate to of been a victim of medical malpractice, we urge you to take the first step in contacting The Law Place. You could be entitled to considerable amounts of compensation for your injuries or distress.
Contact us on (941) 444-4444. There is always a professional available 24/7 to take your call.
What Is Medical Malpractice?
Medical malpractice may occur when a doctor, nurse, or medical professional neglect their duty of care, which must be applied to all patients in Port Charlotte, FL. This means that a medical professional must show a certain level of care and professionalism to ensure the patient’s safety.
There are over 15,000 cases of medical malpractice in the United States each year. With such a shockingly high number of malpractice cases, the third leading cause of death in the US is malpractice or medical negligence.
You need to be able to you put all of your trust into a medical or healthcare professional. As a patient, you shouldn’t be expected to understand medications or diagnostics, and may be unaware if they are wrong, leading to further health complications.
Common Examples of Medical Malpractice in Port Charlotte, FL.
Each patient’s case is individual and different from the last. However, there are a few common occurrences of medical malpractice that take place and are commonly seen by our injury lawyers. Some more of the typical examples of medical malpractice are:
- Misdiagnosis of a patient.
- Failure to diagnose.
- Misreading or ignoring laboratory results.
- Performing unnecessary surgery.
- Performing a surgical error.
- Operating on the wrong area.
- Birth injury.
- Unnecessary or wrongful prescription of medication.
- Unstrealised clinical equipment.
It can be challenging to determine which type of medical malpractice you have experienced. You may not know what medication you should have been prescribed, or what went wrong with your surgery. That is why you need assistance from one of our personal injury lawyers to help look into your case carefully, establish with you your rights, and look into any compensation that you could be entitled to.
Who Can File a Medical Malpractice Lawsuit in Florida?
In Port Charlotte, your medical malpractice attorney will have to establish the following points to continue with your claim. There must be evidence that:
- There was a patient/doctor relationship – There was an patient-doctor relationship with the medical professional or doctor in question. You can only file a lawsuit against a medical professional if you hired them as a patient to provide you with medical assistance.
- The doctor or medical professional was negligent – You must be able to prove that your doctor neglected their duty of care towards you as their patient, which caused you to suffer injuries or any bad reactions as a result. Your malpractice lawyer will need testimony from a professional medical expert, who will inform a prosecutor of the level of care that should be provided. Your lawyer will then analyze this testimony and compare your case to how a medical professional should have acted and how their level of care towards you deviated from this.
- The lack of duty of care caused patients injuries or death – There must be evidence to prove that you sustained injuries due to medical negligence. For example, if you cannot verify your injuries were suffered as a result of medical malpractice, then you may struggle to prove that the doctor acted negligently towards you. Your lawyer may need to assess your medical records or medical bills, which can be used as evidence to prove that malpractice took place.
Entering a medical malpractice case can be highly complex and is far from straightforward. Every case is different from the last and establishing evidence and elements of the case can be a lengthy process. Understanding the law itself can be extremely difficult if you are unfamiliar with it. Therefore, it’s a good idea to reach out to The Law Place today.
Please do not hesitate to contact the law place for free today, to find more information on our services. Our free consultation can be happily arranged for you; all you have to do is make the call.
Common Injuries Sustained as a Result of Medical Malpractice
There are a variety of injuries that a patient may sustain as a result of medical malpractice. Some of the typical injuries that a victim of malpractice might sustain are:
Infections – A patient may suffer an infection following surgery if a medical professional has operated on the patient using unsterilized equipment. Operating using contaminated medical equipment can lead to severe infections and complications in a patient, and in some cases, death.
Wrongful surgical incisions – A patient may have undergone surgery that was completely unnecessary for the patient, and as a result, the patient underwent pain and suffering for no reason. On top of this, the patient who underwent unnecessary surgery will have to spend time recovering and may lose out on wages or usual income. If you have suffered a loss of wages, then you deserve financial support for this.
Overdose of medication – A doctor may have informed a patient on the wrong dosage of medication to take, resulting in the patient suffering an overdose or a bad reaction.
Allergic reaction to medication – You may have informed your doctor of an allergy that was ignored. The doctor may have failed to look at your medical notes and was not made aware of the allergy when they prescribed you the medication. It could also be argued that a medical professional should have practiced an allergy test on the patient or a patch test to prevent any allergic reactions from occurring.
Wrongful death – In extreme cases of medical malpractice, a patient may lose their life due to either a failed or unnecessary surgery or an overdose. In these situations a loved one can claim compensation for any loss of income to a family household and funeral costs.
There are numerous ways in which a patient may have suffered medical malpractice. But with the assistance, guidance, and support from our knowledgeable law team, you can rest assured that we will do everything in our power to gain you the compensation you deserve and receive a fair outcome for your claim.
Damages You Can Recover After Suffering a Medical Malpractice
Depending on the medical malpractice that took place and the seriousness of the injuries attained by the patient, you could be entitled to a number of damages for the mishap.
- Medical bills – After suffering medical malpractice, you may have spent time in hospital, and as a result, are left with medical bills, such as hospital room fees, ambulance fees, or other resources you required as a sick patient. As a result of your injuries, you may need to attend future hospital appointments and therefore need financial support traveling to and from your appointments.
- Loss of wages – You may have spent a considerable amount of time off work or in the hospital recovering from your injuries. As a result of this, you may have lost out on your usual wage or income, meaning that you are unable to pay your bills, pay rent, pay child support, etc. If you suffered trauma or pain due to medical malpractice, you should be entitled to reimbursements.
- Pain and suffering – The suffering you experienced as a result of medical malpractice may be more in-depth than just physical injuries, as the patient may be experiencing extreme emotional distress following a medical negligence incident. For example, following the event of the malpractice, the victim may have post-traumatic stress disorder, depression, anxiety, or trouble sleeping. You deserve to be financially compensated for this type of suffering.
- Loss of consortium – If you lost a loved one due to medical malpractice, you might be feeling highly emotional. On top of this, you may be struggling to afford funeral costs or medical bills left behind to you as a result of the incident. The Law Place is here to support you in making a claim for funeral fees, loss of companionship, or any other costs that may have been left to you as a relative, friend, or partner.
Florida’s Wrongful Death Act
In Florida Statute 768.16, you can find out more information on the laws on making a claim for the loss of a loved one due to medical malpractice. The law states that only a select few individuals relating to the malpractice victim are legally allowed to claim. These individuals are:
- The children of the deceased, 25-years-old or younger.
- Children of the deceased 25-years-old or older, who were reliant on the parent financially.
- The husband, wife, or spouse of the deceased.
- The parents of the deceased, if their child was 25-years-old or younger.
Statute of Limitations for Medical Malpractice Lawsuits in Florida
In Florida, there are strict laws on statutory limitations. After a victim suffers medical malpractice, the law states that they have up to 2 years from when the malpractice incident took place to make a claim or file a lawsuit before their claim is completely waived.
However, as a patient, you may not realize that you have been a victim of medical negligence as the effects of the malpractice do not always begin to take effect straight away. For example, if you suffered an infection following a surgery due to unsterilized medical instruments, then you may not see the results of the infection until weeks, maybe months later, when you have to return to the hospital for a checkup. As a citizen with no medical knowledge or training, you are not expected to identify infections quickly as a medical professional would.
How Can an Attorney Benefit My Case?
You have many different law firms choose from throughout Florida, but our attorneys are here to assure you that your case stands the best chance with The Law Place. It is statically proven that your case stands a much higher chance of being successful with the support of an attorney rather than if you were to enter a case alone.
You may already have an idea of the type of defense lawyer you are searching for. You may wish for your lawyer to be:
- Judgment free.
- Knowledgeable in a range of personal injury claims, including medical malpractice.
- Excellent communication skills.
Using our combination of skill and knowledge of the law, there is never a defense case that our lawyers will not take on. Feel free to take your time looking into our client reviews, awards, and client case success rates, so that you can see for yourself the excellent work The Law Place has succeeded in throughout the years.
With over seventy-five years of combined experience within our law firm, we assure you that your claim stands the best chance possible of being successful when you choose The Law Place.
Contact The Law Place Today
If you have been a victim of medical negligence you must not hesitate to reach out to our medical malpractice lawyers for the support and guidance you need if you wish to gain any compensation for your pain and suffering.
Once contacting us, our malpractice lawyers will schedule you a free consultation. Our consultations are beneficial, as it gives you a chance to explain the case at hand and allow our attorneys to explain to you our processes and fees and guide you through the next best steps for you to take at this time.
Our phone lines are open 24/7, seven days a week, contact us when you feel you are ready to tell us about the malpractice incident. However, you must bear in mind that the quicker you contact our lawyers, the sooner we can get to work and begin collective evidence and build a strong defense. Call now on (941) 444-4444.