All too often, patients end up severely or fatally injured due to the mistakes made by doctors, hospitals, and other healthcare professionals. While not all medical incidents are the result of negligence on the part of a medical provider, those that are the direct result of medical negligence can entitle you to compensation for your losses.
When this occurs, a St. Augustine medical malpractice lawyer can evaluate your case and determine whether you have any legally valid claim for compensation. If you decide to pursue a claim, they can be a passionate advocate for your rights.
Incidents That Might Result in Cases
A variety of incidents can give rise to medical malpractice claims, depending on the circumstances of each case. Some common examples of these incidents include:
- Prescribing drugs that interact with one another and cause injuries
- Leaving medical instruments in patients’ bodies following surgery
- Performing surgical procedures on the wrong body part or patient
- Failing to properly inform patients of the risks associated with certain medications or procedures
- Misdiagnosing or failing to diagnose a serious medical condition
While not all medical errors rise to the level of medical malpractice, individuals who have sustained injuries in a medical setting should consider exploring whether they have valid medical malpractice claims. A St. Augustine medical malpractice lawyer can sit with injured individuals to help determine the best course of action.
How is Negligence Established in Medical Malpractice Claims?
Medical malpractice claims are typically based in negligence. This means that an act or omission by a doctor or other medical provider did not conform to the accepted standard of care in the healthcare industry. When preventable medical errors are made that cause patients to become sicker or more seriously injured than they were prior to receiving medical care, these patients may have claims for medical malpractice under Florida law.
Is There a Time Limit to File a Malpractice Claim in St. Augustine?
Florida law imposes a statute of limitations or a time limit within which injured patients must file any medical malpractice claims. Under Florida Code §95.11(4)(b), medical malpractice victims have two years from the date that they knew, or reasonably should have known, that the medical malpractice occurred. If they fail to abide by this statute of limitations, they can lose their ability to file any sort of medical malpractice claim.
Medical malpractice claims in St. Augustine are also subject to a statute of repose. Under the same Florida Code section cited above, injured patients may not sue a healthcare provider more than four years following the occurrence of the alleged medical malpractice. With a few narrow exceptions, victims must recognize medical malpractice and take action on it no later than four years after it occurred.
Potential Recoverable Damages
Patients who are injured due to medical malpractice may be entitled to claim damages for their losses under Florida law. These damages may include the following:
- Medical expenses related to hospital stays, surgeries, prescriptions, and rehabilitative care
- Home health care and nursing home costs
- Lost wages, both current and future
- Pain and suffering
- Mental anguish and emotional distress
- Permanent disfigurement
- Loss of spousal support
Talk to a St. Augustine Medical Malpractice Attorney Today
Medical malpractice claims are often complex matters that may be most appropriate for a St. Augustine medical malpractice lawyer to handle. While you focus on recovering from the consequences of a medical error, your experienced medical malpractice attorneys can focus on working toward a resolution of your claim.
With their help, you may be able to get the compensation that you need to move on with your life. Call today to set up a free consultation to get started on your claim.