You can sue medical practitioners for medical malpractice and be compensated for your pain and suffering.
Florida law sets restrictions, primarily time limits, and also demands certain complicated prerequisites for launching a case against a medical practitioner for negligence.
We know how difficult it is when things like this happen. It is crucial that you learn all the specifics of medical negligence. This post can certainly help you. For further information, we highly recommend reaching out to our team.
What Constitutes Medical Malpractice
Legal action taken against a physician or other medical practitioner due to a mistake or neglect in patient care is known as “medical malpractice.”
The most frequent forms of malpractice lawsuits are:
- Accidentally harming a patient by botching a surgery
- Birth-related injuries to the mother or newborn
- Failure of a medical procedure
- Inability to detect the presence of disease or damage
- Inadequate sterilization of the operating room or surgical tools
- Patient misdiagnosis
- The practice of ignoring or neglecting a patient
- The premature discharge of a patient from a medical institution
Although mishaps may and do occur, each medical mistake has to be looked into to make sure doctors are acting responsibly. Malpractice has been linked to painful deaths, severe injuries, deformity, scarring, and a plethora of other negative outcomes.
Legal Requirements for a Malpractice Claim
When seeking compensation for medical negligence, you must first satisfy certain requirements. Otherwise, your claim might be rejected, delayed, or filed too late. Remember, there is a two-year window beginning on the day the misconduct was detected.
If you want to sue your doctor in Florida, you have to give him or her proper notice beforehand. This includes requests for investigations from:
- Doctor’s Insurer
The doctor has 90 days from receipt of the notification to either settle the claim, reject it, or request arbitration.
During that period, you might retain the services of a medical expert to prove malpractice. After reviewing the patient’s medical records, the doctor will testify as a witness and provide their professional judgment.
Looking for the right lawyers? Warner and Warner are here to help you further understand your rights. Contact us today.
What Are The Elements of A Medical Malpractice Lawsuit in Florida?
An unfavorable medical result alone is not automatically considered medical malpractice. To prove medical malpractice, you have to show that the healthcare provider or facility was careless.
A successful medical malpractice case has these four components:
- Establishing a real relationship between a patient and a medical practice
- Proving the medical provider did not meet a reasonable level of care
- Showing that the patient’s injuries or illness were caused by the carelessness
- Asserting the patient was hurt or lost something because of negligence
Who Can Be Liable in a Malpractice Claim?
A medical malpractice suit may be filed against any healthcare provider. This includes physicians, nurses, psychologists, and even healthcare facilities like hospitals and clinics.
What If Non-Practitioners Are At Fault?
Non-practitioners, or those without the proper credentials to perform medical treatments, have been held at fault in several incidents of medical negligence. The punishment for this is harsh, and you could be eligible for further compensation.
Compensation Available in a Medical Malpractice Case
If the investigation confirms that you did, in fact, suffer losses as a result of medical malpractice, you may be able to file a claim. Below are the common damages:
- Lost wages
- Medical care
- Pain and suffering
- Punitive damage
- Wrongful death
Financial losses, known as “economic damages,” are quantifiable losses that can be calculated. Medical expenses and other such forms of damages are included here.
On the other hand, a jury will decide on the amount of non-monetary damages, such as pain and suffering, based on the seriousness of the injury or loss.
How to Figure Out the Cost of Pain and Suffering?
A lawyer will look at a number of factors to figure out how much your pain and suffering are worth. Some of these are the following:
- Did you already have any health problems?
- How bad was your injury?
- How old were you when the accident happened?
- How much money is being lost?
- Will you need to continue getting medical care or physical therapy?
Reach Out To Warner and Warner
The Orlando office of Warner & Warner is dedicated to helping victims of medical malpractice. We have always shown our dedication to doing what is right by successfully resolving cases. For a no-obligation consultation, please call (321) 341-6783 or send us an email.