Medical malpractice could happen to anyone, at any time. Some of the common types of medical malpractice that occurs include failure to diagnose, surgical errors, birth injuries, and failure to treat.
If you or a loved one suffered from an injury or illness due to a physician’s error, you might be entitled to compensation. But determining your recovery options and pursuing legal relief could be challenging on your own without the help of a seasoned personal injury attorney by your side. A Seminole medical malpractice lawyer could lend a helping hand. They could review your claim and help you determine your legal options.
Understanding Medical Malpractice
Medical malpractice is a form of negligence that takes place when a health care provider deviates from their standard of care, and as a result, injures their patient. There are some basic components that make up the backbone of most medical malpractice causes of action.
Basic Components of a Claim
The first component is the doctor-patient relationship. At the time of the injury, the patient must have been in a doctor-patient relationship with the physician that they are filing the claim against unless a rare exception applies. Second, the doctor must have deviated from their standard of care and committed medical negligence, which caused the patient’s injury or illness. Lastly, medical malpractice victims are required to have suffered specific damages to bring a lawsuit. Specific damages are physical, financial, and emotional losses such as physical pain, mental distress, and medical expenses, that resulted from the doctor’s negligence.
Heightened Standard of Care
Physicians and health care providers are subject to a heightened standard of care because they are treated as professionals in the eyes of the law. Professionals are held to a higher degree of care when exercising their professional duties.
An expert witness, a medical professional, has to testify that the defendant deviated from the heightened standard of care in order to show medical malpractice. Doctors deviate from their duty of care when they fail to provide the same level of standards that other reasonably prudent health care professionals in the same community would have under similar circumstances.
Types of Medical Errors
There are a variety of ways that an injured claimant may have been harmed. The following are three of the most common medical malpractice claims that are pursued.
The improper treatment of a patient could be grounds for medical malpractice. If a physician deviates from the standard of care and provides medical treatment that no other competent physician would under the circumstances, they could be held liable.
The failure to properly diagnose a patient of an illness or injury could be grounds for a claim if a proper diagnosis would have led to a better outcome.
Failure to warn patients about a known risk, such as a risk of taking a drug or going through surgery, may also serve as grounds for a medical malpractice claim.
Statute of Limitations
The statute of limitation, or time limit, given to plaintiffs filing a medical malpractice lawsuit is two years from the date the victim discovers the injury according to Florida Statutes §95.11(4)(b). However, plaintiffs may not file a case more than four years from the date that the medical malpractice occurred.
Contact a Seminole Medical Malpractice Attorney Today
Doctors and health care professionals make mistakes, and when they do, they could be held liable for the harm they cause. But taking on insurance companies and experienced defense attorneys by yourself might not be the easiest option.
A Seminole medical malpractice lawyer could fight for you and help you recover the compensation you need. Speak to a diligent attorney to learn about your eligibility for compensation. Call today to schedule a consultation.