Medical care in the United States is made up of dedicated professionals, but they are human, and humans make errors. Many of those mistakes happen unintentionally, but there are exceptions. Medical injuries could impact your life in many ways – financially, physically, and emotionally. The harm caused to a patient could range from mental and physical complications to serious injuries, a permanent disability, or even death. For the family members of a patient who unexpectedly dies, the pain and suffering can be overwhelming.
Do you believe that you have grounds for a medical negligence or medical malpractice case? If you or a loved one has suffered injury or fallen ill due to a medical error, then contact an experienced lawyer from The Law Place now. You may be unsure about whether you should file a negligence claim or a malpractice claim. But don’t worry! Our medical malpractice lawyers have specialist knowledge of handling complex medical negligence and medical malpractice cases. It is our job to help you understand the difference. We will thoroughly investigate all of the details. Our investigation will begin by ascertaining whether the medical practitioner or facility owed you a duty of care that was breached by their negligence.
The Law Place attorneys have an unrivaled reputation for going above and beyond in winning our clients the best compensation packages they deserve. Rest assured that when you hire an attorney from The Law Place, you will receive the best possible service and advice. If you have any questions about your medical injury case, then please do not hesitate to speak to our medical malpractice lawyers now. For your convenience, our phone lines are open twenty-four hours a day, seven days a week. We’re here to help.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today.
The Distinction Between Negligence and Medical Malpractice
Medical malpractice occurs when a medical practitioner deviates from the legally accepted “standard of care” in the treatment of a patient. The “standard of care” is what a reasonably prudent medical provider would or wouldn’t have done in similar or the same circumstances.
In essence, it boils down to whether the practitioner was negligent. Falling below the standard of care expected of a medical practitioner and making a mistake constitutes negligence. A malpractice claim exists if this negligence causes injury or damages to a patient. The latter has an element of intention that medical negligence does not. The intention was not to harm the patient, but the medical professional knowingly took the risk, which did cause injury or damages.
Sometimes it is not easy to determine medical malpractice. In some instances, such as performing a procedure on the wrong patient, for example, it is evident that medical malpractice has occurred. In other cases, the results of the malpractice may not surface until some later point in the future. This is why it is important to consult one of our experienced medical malpractice attorneys.
Examples of Medical Malpractice
Medical malpractice can take many forms. They often involve:
- Failure to diagnose or misdiagnose.
- Delayed diagnoses.
- Surgical errors or unnecessary surgery.
- Prescription error.
- Anesthesia overdose.
- Surgeons working under the influence of drugs or alcohol.
- Doctors disregarding or failing to consider appropriate patient history.
- Not ordering proper tests.
- Wrongful death.
Examples of Medical Negligence
The following is a list of medical negligence examples that could be grounds for a lawsuit:
- Misreading or ignoring laboratory results.
- Unnecessary surgery.
- Surgical errors.
- Administration of incorrect medication or dosage.
- Poor follow-up or aftercare.
- Premature discharge.
Receiving Compensation for Your Injuries
You may be entitled to receive compensation for the following types of damages through a court award or an insurance settlement.
- Medical expenses – This would include bills for physician visits, therapy, prescription medication, corrective surgery, rehabilitation costs, and future medical expenses.
- Pain and suffering – This will include both physical and mental pain such as anxiety and depression.
- Loss of consortium – In the case of wrongful death as a result of medical malpractice or medical negligence, close family members might be entitled to receive compensation via a wrongful death claim.
- Loss of wages or future earning capacity – You could be entitled to receive compensation for lost wages, including damages for lost future earning potential.
The Statute of Limitations for Medical Malpractice in Florida
Patients and surviving family members must file a medical malpractice claim within 2 years of the date of injury or death in the State of Florida. These limitations appear under the state’s statutes of limitations. Because this is a short window of time in which to take legal action, it is important to seek legal representation as soon as possible. If symptoms or illnesses are discovered at a later date, it may be possible, within reason, for added additional time.
During such a traumatic experience, the last thing on your mind may be to file a medical malpractice claim. The moment you hire our services, a highly experienced medical negligence and malpractice lawyer from The Law Place will handle the claim for you. Allow us to navigate your case for you whilst you focus your attention on recovering from your physical and emotional ordeal.
Filing a Medical Malpractice Claim With The Law Place
Once we determine that your case is actionable, we will initiate the following steps immediately:
- Secure applicable copies of your medical records.
- Request that medical professionals review your records.
- Interview relevant witnesses.
After this stage has been finalized, we will file a lawsuit or complaint with a court. In Florida, a complaint must be a sworn statement from your lawyer. This is known as an affidavit, and it must state the following:
- A medical expert was consulted.
- The medical expert was qualified and competent to review the case.
- The expert has provided a written report stating that there is a “reasonable and meritorious cause” for filing a lawsuit.
The time it takes to resolve the claims process is entirely dependent upon if the medical professional involved in your case is prepared to admit fault.
A claim can be resolved without the need to go to trial. However, if a malpractice settlement cannot be reached, then our lawyers will be well-prepared to take your case to trial.
Contact The Law Place Today
If you or a loved one has been the unfortunate victim of medical negligence or malpractice, then call us immediately. One of our legal team is waiting to hear from you. We want to help you get justice from the medical provider or medical institute responsible for your pain and suffering.
You only have a short amount of time to file a medical malpractice lawsuit, so contact us on (941) 444-4444 to schedule a free consultation today. A medical malpractice lawyer will help to determine whether your case is eligible for support and assist you in getting the compensation you are entitled to.