If you feel that you or a loved one is the victim of medical malpractice, there are a myriad of things that come into play. Medical malpractice cases are some of the most complicated and expensive cases out there. These cases require an experienced personal injury attorney to navigate the process and determine if you have a case. Learn the elements of medical malpractice to learn if it’s time for you to contact an attorney.
What Qualifies as Medical Malpractice?
When a patient is harmed by the actions of a doctor or medical professional who failed to comply with their medical duties or standard of care, medical malpractice has occurred. Specific rules on how much time you have to file a claim and what elements must be present vary from state to state. In the state of Florida, individuals have two years from the date they believe the incident occurred to file their claim. It is important to contact a medical malpractice attorney as soon as possible to ensure a complete investigation and to be sure you do not miss the deadline to pursue your claim.
What Are the Elements of a Medical Malpractice Case?
Certain elements must be met in order for an attorney to pursue and prove a medical malpractice claim on your behalf. Those elements include:
- The medical professional owed you a duty of care;
- The medical professional did not meet, or breached, that duty of care;
- You were permanently injured or suffered damages; and
- The medical professional’s failure to meet the standard of care was the cause of your injuries or damages.
What are Examples of Medical Malpractice?
There are numerous ways medical malpractice can occur, ranging from simple to complex.
Failure to diagnose a patient is one of the most common. This applies to situations where a competent doctor should have been able to discover an illness or injury, which would have led to proper care.
Improper treatment is another form of medical malpractice. If a medical professional provides treatment in a way that no other competent doctor would, or if they fail to administer treatment in its entirety; negligence has occurred. Doctors have a duty of informed consent to their patients. If a patient is receiving treatment for an illness, the doctor must also inform them of any side effects or risks associated with treatment. In cases where a patient would not have elected for treatment if the risks were known, medical malpractice has occurred.
If you believe you have been the victim of medical malpractice, contact an experienced lawyer to investigate your case and determine whether you have a claim. Medical malpractice cases require a significant amount of analysis and expertise on the front-end to determine if you have a case to pursue. Ask your attorney whether they have ever handled a medical malpractice case before and whether they have the financial resources needed to take your case through trial. The defense attorneys and insurance companies will know, you should too. Hiring the right attorney will make all the difference in winning your case and bringing you the justice deserved.
If you have been in an auto accident because of distracted driving in Florida, or because of another form of negligence such as medical malpractice, contact the tenacious attorneys at Matthews Injury Law by calling 813-530-1000 or 941-877-5800. You can also choose a time that fits your schedule and set up a free consultation by clicking here. One of our attorneys will be in touch shortly after you schedule your appointment.