Medical malpractice can take many forms. It can include misdiagnosis, failure to treat, pharmaceutical errors, surgical errors, childbirth injuries and many more. A Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer from Haliczer Pettis & Schwamm, P.A. can help you understand what’s necessary to prove a medical malpractice case and the types of damages to which you may be entitled.
What Is Medical Malpractice
In the state of Florida, medical malpractice can include:
- A Misdiagnosis or a Delayed Diagnosis – The longer the time period between a correct diagnosis and treatment, the higher the risk to the patient.
- Surgical Errors – Many types of errors may occur during surgery, including operating on or removing an incorrect body part, administering anesthesia improperly, or incorrectly placing IVs.
- Incorrectly Transcribing a Patient’s History or Failing to Review that History – The medical provider’s course of action should be determined after a thorough understanding of a patient’s history. Failure to accurately record or review a patient’s medical history can place the patient in jeopardy.
- Incorrect or Insufficient Aftercare – Proper aftercare is critical to a patient’s recovery, and failure to provide proper aftercare may harm a patient’s health or recovery or lead to new or different injuries.
- Incorrect Medications – Prescribing the wrong medications, administering the wrong dosage, or giving medications with a known negative interaction is considered medical malpractice.
- Unnecessary Care – Performing unnecessary testing or operating on a patient when surgery is not necessary can also constitute medical malpractice.
- Birth Trauma – Deprivation of oxygen during the birthing process, fracturing a baby’s collarbone during the birth process, or other birth trauma may be the result of medical malpractice.
Elements of Proving a Medical Malpractice Case
To successfully prove a medical malpractice case, you must be able to prove several factors. These include the following:
- The medical professional, either a doctor, nurse, or other professional, did not meet the required standard of care that is owed to a patient.
- The doctor’s failure to meet the standard of care was the proximate cause of your injury. That is, you would not have been injured if it weren’t for the negligence of your doctor.
- You have suffered an injury and are entitled to damages. This includes proof, for example, that you endured significant medical expenses, lost time from work, and/or experienced pain and suffering.
Since every situation is different, the doctor’s behavior is dependent on the surrounding circumstances. For example, in most cases, a doctor is entitled to rely upon the information provided by the patient. So, for example, if a patient fails to inform the doctor about a pre-existing medical condition and has a bad outcome due to that lack of information or misinformation, the doctor may face less responsibility for the outcome or no responsibility at all.
Additionally, in Florida, a plaintiff (i.e., the harmed individual) must provide proof that his or her injuries were not reasonably foreseeable or a necessary result of the medical treatment.
Who Is Liable for Medical Malpractice?
In certain malpractice scenarios, it may be difficult to determine who is liable for an injury. Did a lab technician read the results improperly? Did the physician prescribe two drugs with a known negative interaction? Did the pharmacist fill the prescription improperly? Because complex scenarios often arise, it’s important to hire a competent Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer to help sort through all the facts.
Florida’s Statute of Limitations for Medical Malpractice Cases
The state of Florida allows plaintiffs to file up to two years from the date that the injury occurred or was discovered. However, Florida also requires an extensive investigation and support from a medical expert before your case can be filed. And as time goes on, people tend to forget important facts or evidence may become lost. The earlier you start working with a medical malpractice lawyer, the more time they will have to build your case.
Contact HPS Legal For Your Medical Malpractice Claim
You may be able to recover ongoing medical expenses, compensation for pain and suffering, and compensation for lost wages and diminished earning capacity. Your Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer can help you estimate the value of your claim. Contact HPS Legal today.