Do I Have Grounds to File a Medical Malpractice Lawsuit?
While our nation’s doctors cannot be expected to cure patients of all illnesses, ailments and diseases, they are expected to provide a reasonable level of care. In fact, the law states that a medical professional would be liable for providing damages if they have violated the “governing standard of care” while overseeing the treatment of a patient—subsequently resulting in that person’s injury. While this could include any instance in which a doctor’s negligent actions contributed to the harm of their patient, it is important to understand that negligent inaction is also a gross violation of their professional duties. If a doctor failed to recognize obvious signs of developing cancer, for example, they could be held accountable for failing to confirm a timely diagnosis. Although their physical actions did not contribute to the furtherance of their patient’s illness, their inaction did nothing to prevent it.
For this reason, you should not assume that you have an illegitimate claim simply because your doctor did not personally inflict harm. Rather, it is important to look at the bigger picture and determine whether or not your doctor had an obligation to prevent your injury—as most medical malpractice claims are centered around the fact that a healthcare professional failed to take action when they had a professional, moral and legal responsibility to do so. If you would like a West Palm Beach medical malpractice attorney to review your case for free, contact The Law Offices of Casey D. Shomo, P.A. today. Call our office at (800) 690-7868 for a free initial consultation or submit a complimentary case evaluation form online. From there, our experienced legal team will have the opportunity to review your claim and advise you on how to proceed, so do not hesitate to get started immediately.