It is reasonable for a person to expect that whenever they visit a doctor, dentist, or hospital, they will receive competent and compassionate care. Medical practitioners should meet a certain standard of care, and, in fact, have a legal duty to do so.

Any failure to adhere to the standard could be grounds for a medical malpractice lawsuit. When a medical professional is found to have committed malpractice, they are legally liable for compensating the injured patient for their losses. This can include the costs of future medical care, any other economic damages, and emotional trauma.

A Clearwater medical malpractice lawyer could help individuals hold negligent doctors and hospitals responsible for their actions. When skilled personal injury lawyers advocate on behalf of injured patients, the patients may be able to collect compensation for their expenses and recover efficiently.

The Standard of Competence in Florida

Florida law requires all medical practitioners to obtain a license to practice medicine. However, even when a doctor obtains their license, they must continue providing proper care. A failure to provide proper care is an example of medical malpractice.

According to Florida Statute §766.102, the proper level of care is defined as the level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent health care providers in a similar field.

Examples of poor care that violates this standard can include:

  • A failure to diagnose a condition
  • A delay in diagnosing a condition
  • Improper administration of medication
  • Incorrect setting of broken bones
  • Leaving surgical instruments inside a patient following a procedure
  • Administering the wrong treatment to the wrong patient

Medical malpractice can cause severe injuries or worsen a condition. Even if a medication or procedure is necessary for a patient’s care, the improper administration of these treatments can negatively impact a patient’s health. Since these injuries can permanently damage a plaintiff’s quality of life, an injured patient may want to hire a Clearwater medical malpractice lawyer to help them file a medical malpractice lawsuit.

Special Factors in Medical Malpractice Cases

Medical malpractice claims are a special type of personal injury claim. While the basic elements of these claims still center around the negligence of a defendant, proving a medical malpractice claim can be complex. This is because the case will always need the scientific verification of a plaintiff’s injuries, usually with the help of an expert medical testimony.

In fact, according to Florida Statute §766.104, a plaintiff cannot even file a complaint in court unless that complaint is accompanied by a statement from an attorney that the complaint is filed in good faith. This typically means that the attorney has consulted with a medical expert. A Clearwater medical malpractice lawyer could help patients locate and hire experts who are willing to testify on their behalf.

Medical malpractice cases also carry a shorter statute of limitations than typical personal injury cases. Unlike normal personal injury cases with a statute of limitations of four years, a medical malpractice case must be filed in court no more than two years from the date of discovery of the injury.

Turning to a Clearwater Medical Malpractice Attorney for Advice

When a patient has suffered medical malpractice, they have likely endured serious injuries that exacerbated an already serious situation. Since these mistakes may cause life-altering pain and suffering, medical professionals who commit malpractice are liable to compensate their victims for their losses.

If you were injured during the course of your treatment, a Clearwater medical malpractice lawyer could help you pursue a claim against doctors, nurses, hospitals, or other involved parties. They could assist you in investigating your claim, consult with qualified experts in the medical field, and pursue a claim in court. Contact an attorney today to discuss your situation and options for moving forward.

What Our Clients Say

No bias here I have seen them in action since conception. The firm is totally committed to their clients best interest. No stone is left unturned regardless of cost and man hours it takes to get the best results. Their record speaks for itself.

Michael S.

I highly recommend Matt Emerson for an AV rating.

Of Counsel

Wes is highly skilled and very well thought of.

Sole Practitioner

Wes Straw is one of the best young lawyers in Florida.

Managing Partner
View More

Attention:

Effective immediately and continuing until March 27th, Emerson Straw will be open but will have limited staff at this time.

Please be aware we are working diligently on your cases and are doing our best to accommodate any new inquires.

Thank you for your patience and understanding during this time.