A case is deemed as medical malpractice when an omission or negligent act occurs by a doctor or other type of medical professional, resulting in harm to the patient. Medical malpractice laws are in place to protect a patient’s rights to pursue compensation for injuries resulting from negligence. However, it is important to note that it’s not just medical doctors that can be held accountable for medical malpractice. It can apply to healthcare facilities and others providing healthcare services, such as dentists and nursing homes. Essentially, any healthcare provider that does not act in a manner that is considered the accepted standard of care can be held accountable for medical malpractice.
Providers that may be liable for an injured person’s damages can include:
- Hospital Staff
Common Examples of Medical Malpractice Cases
Medical malpractice can occur in a multitude of situations throughout a patient’s treatment. From an initial appointment with primary care doctors, to medical procedures and hospital stays, there is a myriad of opportunities for negligence to occur.
Common examples of medical malpractice cases include:
- Birth injuries
- Gynecological and obstetrical malpractice
- Surgical errors
- Emergency Room negligence
- Anesthesia errors
- Misdiagnosis or delayed diagnosis
- Failure to diagnose cancer
- Medication errors
- Brain injuries
- Failure to obtain necessary patient information
How Do I Know If I Have a Medical Mistake Claim?
In Florida, there are five factors that compose a medical malpractice case. If you are unsure if you are entitled to file a claim, contact Weinstein Legal for a free consultation. After discussing the specific circumstances of your situation, Weinstein Legal will partner with a trusted medical malpractice firm to help guide you through the entire case. In order to demonstrate that you have a valid claim, the following elements are required:
- A Doctor-Patient relation was established, either by agreement or by treatment received.
- A Duty or Standard of Care was established, stating the legal obligation of the medical professional to provide care that meets the accepted standard in the medical community.
- A Breach of the Duty of Care occurred, meaning the professional did not uphold his obligation.
- The Breach of Care was the primary cause of injury, proven by medical records and expert testimony.
- The injury caused damages, whether it be medical expenses, pain and suffering, lost wages, or other side effects.
Recovering Damages of Medical Malpractice
There are two main types of damages victims of medical malpractice may be entitled to: compensatory and punitive. Compensatory damages, also known as monetary damages, are the most common form of damages in a personal injury claim.
Compensatory damages can include:
- Past, current, and future medical bills
- Medical equipment
- Home healthcare expenses
- Lost wages
- Emotional duress
- Loss of future earnings potential
- Loss of enjoyment of life
Punitive damages are rare in medical malpractice cases but may be available if the medical professional in question acted intentionally or with particularly reckless behavior. These types of damages are awarded to punish the professional for outrageous negligence. The court feels they would be getting off lightly by only having to compensate the patient for the resulting injuries.
Medical Malpractice Statute of Limitations in Florida
Under Florida law, victims of medical malpractice have two years from the date of the incident giving rise to the claim, or two years from the time the incident is or should have been discovered with the exercise of due diligence, to file a medical malpractice claim. If you believe you may be entitled to file a claim, time is of the essence. Contact the Weinstein Legal Team to connect with an experienced medical mistake lawyer near you and schedule a consultation to discuss the details of your claim.