Medical malpractice happens when you or a loved one suffers injuries or death due to the negligence of a medical professional who didn’t act within acceptable standards of care. Medical errors and malpractice claims have become more prevalent in recent years. It’s estimated that medical errors are the third leading cause of death in the US, according to a study by Johns Hopkins University. If you or your loved one have suffered due to a doctor or other medical professional’s negligence, you deserve compensation for your injuries. Here are some signs that you may be a victim of medical malpractice.
Medical Professionals Had a Duty To Care for You
To prove your injuries were caused by medical malpractice, you need to establish that the doctor or other medical professional had a legal responsibility to care for you and prevent you from being injured (referred to as “duty to care”). Doctors and medical staff automatically assume duty of care when you become their patient. You cannot claim medical malpractice without demonstrating that the medical professional had a duty to care for you but breached that duty.
The Error Directly Caused Your Injury
You may be a victim of medical malpractice if the injury you suffered was directly caused by the medical professional’s mistake or error. This goes beyond the side effects or the likely outcome of your diagnosis—it must be an injury that could’ve been prevented if the medical professional had acted appropriately. For instance, if your loved one suffered from heart disease and died of a heart attack, it’d be challenging to prove that a medical error caused the heart attack, not the disease.
Medical Staff Didn’t Provide Standard of Care
Healthcare professionals are legally responsible for adhering to the best medical practices and standard care when treating patients. When making a medical malpractice claim, you must provide evidence that the medical professionals breached their duty to act within accepted best practices, which led to the injury. “Standard of care” is defined in Florida Statute 766.102 and is the reasonable treatment and skill level recognized by similar healthcare providers in the same field. To prove that medical professionals acted outside the standard of care during your case, you may have a third-party medical professional testify in court about accepted standards of care for your unique case.
Injury was Unexpected or Unforeseeable
To file a medical malpractice claim, the injuries you or a loved one suffered must be an unexpected and unforeseeable result of the original condition for which you first sought medical attention.
Error Caused Significant Harm
Another factor in determining whether you’ve been a victim of medical malpractice is that the medical error or misdiagnosis caused you significant harm. This could be increased levels of pain and suffering, additional conditions, and extended hospital stays due to the error. Other damages you could recover from a medical malpractice case are medical expenses, lost wages, and the costs related to doctor appointments.
Types of Malpractice
Here are some of the types of medical malpractice in Florida. If you or a loved one suffered from one of these errors, you could be eligible to file a medical malpractice claim. Contact our medical malpractice attorney in Orlando today to discuss your case.
Medication Malpractice
Medication malpractice occurs when a medical professional prescribes the wrong medication or administers the incorrect dosage of a medicine. Medication malpractice can also happen if you have an adverse reaction to the mixing of two different medications. Medication being mislabeled can also cause significant injuries.
Surgical Errors
Administering the wrong dosage of anesthesia, performing incorrect amputations, or failing to remove surgical equipment after a procedure are common surgical errors that may lead to a medical malpractice claim.
Misdiagnoses
These claims allege that a physician did not diagnose a condition promptly, resulting in harm or death. Misdiagnosis can also be caused when a doctor fails to interpret lab results accurately.
Birth Injuries
Medical malpractice claims often arise from injuries, chronic conditions, and childbirth-related issues involving a mother or child.
Filing a Medical Malpractice Claim in Florida
You have to make a medical malpractice claim within two years after you suffered the injury. If you believe you or a loved one have suffered harm due to a medical error or misdiagnosis, contact our legal team at The King Law Firm. We’ll fight for you and help you get the compensation you deserve for your injuries. Call us at 352-629-8747 to discuss your case.
