How to Recognize Medical Malpractice
Although medicine continues to progress, physicians are just as prone to mistakes as the rest of us, which explains why patients continue to file medical malpractice claims.
It should be noted, however, that filing a medical malpractice claim is no simple matter— such legal action is only intended for patients who have experienced serious harm or injury at the hands of a health professional.
Should you have a viable medical malpractice case, there may be a few telltale signs that indicate your chances of success. We have detailed some of those signs below
Components of a Florida Medical Malpractice Case
All medical malpractice suits must meet certain criteria to be considered legally viable, including the following:
- Proof of an actual doctor-patient relationship
- A medical professional not meeting his or her standard of care (e.g., failing to properly diagnose or treat a condition)
- A clear causal relationship between a medical professional’s negligence and a patient’s harm or injuries
- Harm that can be measured
Beyond these basic considerations, you will also need to be aware of other laws that apply to medical malpractice cases. For example, the statute of limitations for a medical malpractice suit in Florida is two years, meaning that any claims filed after this point won’t be considered legally valid.
Examples of Medical Malpractice
Numerous types of medical malpractice have been documented, including the following:
- Anesthesia Errors – The improper administration of an anesthetic medication can result in both mild and serious conditions and symptoms, ranging from chest pain to a coma.
- Birth Injury – An example of a birth gone wrong could be a C-section not performed correctly. This mistake could lead to irreversible brain damage in a newborn.
- Failure to Diagnose a Chronic or Deadly Disease – Whether you have a serious heart condition or cancer, your medical professional has the duty to inform you of any maladies.
- Misdiagnosis – Often, getting the wrong diagnosis can be just as harmful to your health as not getting a diagnosis at all. That’s why doctors can be sued if a misdiagnosis results in serious health complications.
Identifying Losses and Injuries
In any medical malpractice case, you must clearly demonstrate how you were negatively affected by a physician’s negligence. While we have already discussed potential injuries resulting from a medical malpractice case, you may also experience harms of a less physical nature, which are commonly referred to as losses or damages.
Examples of losses that may apply to your case include medical expenses, lost wages and earning potential, pain and suffering, emotional distress, loss of consortium, and worsened quality of life.
One major item of advice we give all medical malpractice victims is to not only account for injuries and losses that have already taken place, but any that you reasonably expect to happen in the future.
Contact a Florida Medical Malpractice Lawyer
In the months following physician-induced harm, your patience can run thin, regardless of the severity of your injury. To maximize your chances of receiving the compensation you need in a timely manner, contact a West Palm Beach medical malpractice lawyer at the Law Offices of Casey D. Shomo today. Call us at 561-659-6366 or fill out the form below to schedule a free consultation.