Stuart Medical Malpractice Lawyer
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.
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 time allotted for filing a suit is set by the statute of limitations.
The window of opportunity is two years from the time the injury was discovered or should have been discovered. This constraint cements the necessity of a medical malpractice lawyer in Stuart in such a case.
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.