Undergoing a medical procedure or dealing with a life-altering diagnosis can have a profound effect on your daily life. Knowing that your condition may have been caused by medical negligence or a mistake can be devastating. If your injury was caused by medical negligence, you might be entitled to compensation. Learn more about filing a medical malpractice claim below.
What is medical malpractice?
Medical malpractice is an injury caused by the negligence of a medical professional such as a doctor, nurse, or surgeon. Medical malpractice goes beyond simply making a mistake. The medical professional must have engaged in acts that were outside the standard of care.
What causes medical malpractice?
Here are some types of negligent behavior a medical professional or facility may engage in that would be a reason to file medical malpractice claim:
Incompetent hospital staff
Hospitals and medical facilities are responsible for hiring trained and accredited medical staff. Doctors must have the proper licenses to practice in their field, and the facility must have the appropriate licenses and permits. If a facility hired an inexperienced or unlicensed medical professional and caused a patient injury or harm, the facility may be liable.
Misdiagnosis
A misdiagnosis may cause serious injury, trauma, or even death. When filing a medical malpractice claim, you should prove that the improper diagnosis lead to significant injury or illness. You must also verify that the condition was noticeable earlier than the doctor who reviewed the file did. Failure to order correct tests or misread labs can also constitute a misdiagnosis.
Anesthesia awareness
Anesthesiologists know the proper dosage to give patients before undergoing surgery. If the anesthesia wears off too quickly, a patient may become conscious during the procedure, a condition known as anesthesia awareness. This is a traumatic experience that could be considered medical malpractice.
Filing a medical malpractice claim
Filing a medical malpractice lawsuit can be tricky, which is why it is best to get in touch with a medical malpractice lawyer to handle your claim. Patients have two years from the date of the injury to make a medical malpractice claim. For the claim to be brought before a court, you must have an affidavit from another medical professional in a similar field who will testify that a breach of care occurred. Four conditions must be met for a medical malpractice claim to be considered valid, categorized by “The Four D’s:”
Duty
You must prove the medical professional had the duty to provide adequate care for you, the patient.
Breach of Duty
This condition must show a breach of duty to provide care. This can take on many forms, such as leaving instruments behind during surgery, incorrectly diagnosing a disease, or failing to recognize signs of an illness.
Direct cause
You must show that the breach of care was the direct cause of an injury.
Damages
To file a valid medical malpractice claim, you must show that the injury or condition caused significant economic or intangible damages. This could include medical bills, lost wages, and pain and suffering. Non-economic damages are capped at $500,000 per claim.
Medical malpractice claims with The King Law Firm
If your injury was caused by medical negligence, contact us at 352-269-1814 for a consultation. We are experienced in representing patients with many kinds of personal injury lawsuits and will help you seek damages.
