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While we do not expect doctors and other healthcare providers to be perfect, we do expect them to provide care that meets the required standards.
We rely on medical professionals to provide advice and care about our health, so when they fail to live up to their responsibilities, the results can be painful, humiliating, and potentially catastrophic.
The state of Florida has laws that permit those harmed by medical mistakes to seek recovery for their injuries. But the time to file a claim is limited and other restrictions apply. Therefore, it is important to speak with a Stuart medical malpractice lawyer as soon as possible if you have suffered a serious injury due to a medical error. An injury attorney in Stuart experienced with these cases can provide valuable advice and guidance through the process.
Defining Medical Malpractice
In most cases, a number of factors need to be present for a valid medical malpractice claim, such as:
- The caregiver must owe a duty of care to the patient
- The care must fall below the accepted medical standard
- The patient must suffer harm that can be quantified
- The caregiver’s negligence must cause the patient’s harm in some way
Very often, a medical malpractice case will hinge on determining the appropriate standard of care and showing that the caregiver failed to meet that standard. Although the term “standard,” makes it sound like a common benchmark, in fact, the standard of care varies depending on the patient’s age and medical condition.
Florida statutes define the “prevailing professional standard of care” as the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” To better determine if this standard of care was met in your medical malpractice case, contact a Stuart medical malpractice attorney.
Contact a Stuart medical malpractice attorney to better determine if this standard of care was met in your case.
What Are Common Types of Medical Malpractice?
The medical field is vast, leading to many medical malpractice types. These are the most common examples of malpractice encountered by patients, healthcare professionals, and personal injury attorneys.
- Misdiagnosis and Delayed Diagnosis. Misdiagnosis occurs when a healthcare professional incorrectly identifies or fails to diagnose a patient’s illness. This error can lead to inappropriate or delayed treatment, exacerbating the patient’s condition and potentially causing severe harm. Sadly, misdiagnosis often occurs when doctors dismiss patients’ concerns. Studies show that women, especially women of color, are most likely to experience this dismissal of symptoms or pain.
- Failure to Treat. Medical malpractice can also occur when a healthcare provider fails to provide reasonable care to a patient. This could include failure to diagnose, improper administration of drugs or treatment, or even the failure to monitor patients’ conditions as necessary. In these cases, medical records can be essential in proving negligence on the part of the healthcare provider and demonstrating the harm caused by the lack of care.
- Surgical Errors. Surgery is complex and requires the skills of several professionals. Unfortunately, mistakes made during an operation can have devastating consequences for patients: from pain and suffering to permanent injury or death. Here are some common examples: operating on the wrong body part, leaving surgical instruments inside the patient’s body, performing surgery on the wrong patient, and administering improper anesthesia. If you or a loved one has been the victim of surgical errors or negligence, a Stuart medical malpractice attorney can help you pursue justice.
- Medication and Prescription Drug Errors. Medication errors refer to any mistakes related to prescribing, administering, dispensing, or monitoring medication. These can include: prescribing the wrong medication, prescribing an incorrect dose, administering medicine to the wrong patient, and failing to monitor a patient’s response to medication. These errors can have disastrous consequences. This is especially true when cases involve overdoses, allergies, or harmful interactions with other medications.
- Birth Injuries. Birth injuries can occur when doctors do not follow best practices. Injuries range from minor complications such as bruising or lacerations to severe issues like brain damage, paralysis, or even death. If you believe you or your child have been the victim of negligent care during the birthing process, contact an experienced Stuart personal injury attorney.
- Anesthesia Errors. Anesthesia is one of the most essential elements of any medical procedure. Not only does it help relieve pain, but it can also be used to ensure patient comfort and safety. Unfortunately, errors involving anesthesia can have devastating consequences. Some of the most common errors are administering too much or too little anesthetic, failing to monitor the patient’s condition during surgery, and failing to respond appropriately to medical emergencies.
- Failure to Prevent and Treat Infections. Hospitals, clinics, and other healthcare facilities are responsible for creating a safe patient environment. This includes taking necessary steps to prevent and treat infections that can lead to serious complications or death. Common examples of medical malpractice related to this include: failing to screen visitors properly, neglecting proper sanitation protocols, not taking adequate steps to reduce the spread of infection, and failing to diagnose or treat an infection promptly. If you believe this type of medical negligence has negatively impacted your health, contact a Florida medical malpractice attorney.
Who Is Liable for Medical Malpractice?
Your first instinct may be to sue your doctor or the healthcare facility, but other factors could be at play. An experienced attorney can investigate your case to determine the likely negligent parties. Here are some possibilities.
Healthcare Professionals
The most common defendants in medical malpractice cases are doctors, nurses, anesthesiologists, physical therapists, and other healthcare professionals. If a healthcare professional fails to adhere to the standard of care for a given procedure or treatment plan, they may be liable for any resulting damages.
Hospitals and Clinics
Hospitals and clinics may be liable for medical malpractice if they do not adequately vet or supervise healthcare professionals. This is especially true if a hospital is found guilty of negligence in hiring, training, or retaining a healthcare professional who committed medical malpractice.
Pharmaceutical Companies
Pharmaceutical companies can also be liable if their products have caused injury. This is especially true in cases involving the improper labeling of drugs, failure to warn of potential side effects, or manufacturing defects.
Medical Device Manufacturers
Medical device manufacturers can be held liable for any injuries caused by defective devices. If a medical device fails due to a design flaw, manufacturing defect, or inadequate warning, the manufacturer may be held liable for any damages caused by their negligence.
Pharmacists
Pharmacists could be held liable if they dispensed the wrong medication. This could result from a medication mix-up with another waiting patient or misreading the prescription provided by the doctor.
Statute of Limitations
Regardless of the severity of the injury or the negligence involved, the law limits the time within which an injured patient must file a claim for medical malpractice. The statute of limitations sets the time allotted for filing a suit.
The window of opportunity is two years from when the injury was discovered or should have been discovered. This constraint cements the necessity of a medical malpractice lawyer in Stuart.
Damages Available
Money paid to compensate the victim of medical malpractice for harm caused by the negligent conduct is referred to as damages. A patient may be entitled to receive compensatory damages for a number of elements including:
- Payment of medical expenses
- Lost wages, past and future
- Pain and suffering
In cases where the conduct of the medical professional is found to be particularly outrageous, the court may award punitive damages which are designed to punish the wrongdoer and provide a deterrent for the future. These damages can be pursued by a Stuart medical malpractice attorney.
Florida law places limits on the amount of punitive damages as well as damages that may be awarded for non-economic damages such as pain and suffering.
Talk to an Attorney Today
An attorney with experience in medical malpractice cases in Florida will understand the standards courts are looking for and can evaluate how the facts of your case fit within the laws. A Stuart medical malpractice lawyer can advise you as to the best steps to take, guide you through the required medical affidavit process, and help you work toward a full recovery.
