People visit their doctors and go to hospitals across Clearwater for medical care. But what happens when doctors don't make people better, they make them worse or harm them? What if you don't get the right care or something goes wrong with the care you receive? What happens if a healthcare professional fails to take the appropriate action that may harm you or allow your health to deteriorate?
All of these scenarios constitute medical malpractice. Medical malpractice encompasses a wide range of acts and sometimes acts of omission (failing to do what should have been done). These can be fatal errors such as B. Failure to diagnose a pathology or symptoms, misdiagnosis and negligence in the provision of medical services.
you can bemedical errorsin health diagnosis and management, treatment, follow-up care, prescribed, administered drugs or dosage amounts. This can be accidents, e.g. when surgical equipment is left inside a patient during an operation.
If you believe that you or a loved one may have been the victim of medical malpractice in or around Clearwater, contact a medical malpractice attorney. At Dolman Law Group, ourClearwater Medical Liability AttorneysWe offer a free, no-obligation, confidential consultation and case assessment.
We help patients with a history of harm from medical malpractice, including patients who have suffered:
- broken and permanent bonesnerve damageresult of the surgeon's negligence.
- Post-surgical infections or post-surgical wound infections caused by the negligence of a surgeon, surgical team, or healthcare professional
- Birth trauma or neglect during childbirth that causes cerebral palsy.
- Mistakes during childbirth that result in brachial plexus injury
Florida medical malpractice law is complicated. Let us help you understand how to achieve justice.
Definition of medical malpractice
medical malpracticeis professional negligence on the part of a healthcare professional or healthcare provider when the treatment provided did not meet an accepted standard of care or resulted in injury or harm or death to the patient. In almost all cases, treatment errors are not based on intent.
Medics take an oath to do no harm. Healthcare professionals and providers want to help their patients, and the vast majority do. At the same time, however, accidents, mistakes and deviations from acceptable standards of care do occur. No patient should suffer because they do not provide an acceptable standard of care.
1. What does a medical liability case have to prove?
2. What damages are possible in a Clearwater misconduct lawsuit?
3. Is there a deadline for filing a malpractice?
4. The Procedure for Filing a Medical Malpractice Claim
5. Evidence of Negligence in Clearwater Medical Malpractice Claims
6. Frequently Asked Questions About Medical Malpractice in Clearwater:
7. If you or a loved one has suffered medical malpractice in Clearwater
What do you have to prove in the event of damage?
All cases related topersonal injuryYou must demonstrate certain elements in order to be successful, and medical malpractice is no exception. In order for medical malpractice to be established in court, the plaintiff's case must be able to demonstrate the following:
The healthcare provider had a duty to care for the patient
A duty of care is a legal obligation to provide medical care that a reasonably reasonable person would consider appropriate and acceptable. A doctor who looks after a patient in a clinic, for example, is obliged, like the clinic, to provide this patient with proper medical care.
causality of medical errors
The patient's injury was caused by an act (or omission) performed or omitted by the healthcare provider or facility. It must also demonstrate how, why, and when the event, diagnosis, or procedure resulted in injury or harm to the patient.
Why do doctors commit medical errors?
Every case of medical malpractice is different, and the reasons why different medical professionals commit malpractice vary widely. For medical malpractice to be considered medical malpractice, it must violate the standard of care. In many cases, this deviation from the standard of care is due to the incompetence of the doctor.
They may not be properly educated or trained, or simply unable to handle the responsibilities of their job. Sometimes there can be an element of greed involved, and a medic may commit medical malpractice in order to make a profit.
They may take shortcuts or perform unnecessary treatments for their own personal gain. Regardless of the motivation, medical malpractice implies a violation of the standard of care. The negligent party must be aware that it is breaching the duty of care. Honest medical errors committed by not providing the expected quality of treatment are not considered medical errors.
What damages are possible with a Clearwater medical malpractice claim?
Legal proceedings are usually initiated in order to provide victims with financial compensation for the damage caused to them. These are referred to as "damages". In a case of medical malpractice, victims may be entitled to the following forms of compensation.
The law designates certain costs incurred by victims of medical malpractice lawsuits as "special damages." These include:
- medical bills and expenses
- Expected future medical bills and expenses
- lost wages from work
- Expected future wage loss of the household
- Adjustments to the home to accommodate a disability e.g. B. a wheelchair ramp
These damages are calculated by noting how much was spent (referring to bills and receipts). Let's assume that future medical bills or future lost wages at work are likely to occur. In this case, the opinion of a specialist is usually obtained about the sensible treatment and the expected loss of work.
Immaterial damages such as compensation for pain and suffering and loss of zest for life are general damages. If the injured party is unable to work, calculations of future loss of earnings also fall under the general compensation clause. An expert report is also usually required for general damage.
In some extreme cases, punitive damages may be awarded. Punitive damages will be awarded in all cases where the damage was extreme and resulted from intentional acts or particularly egregious conduct. They are intended to punish the accused for his actions, hence the word "punishment". These are rare in medical malpractice, but do occur.
Are there damage limitations?
Many states have limits on medical malpractice compensation. Florida limits compensation for medical malpractice claims to $500,000 against a healthcare provider (such as a doctor or hospital) and $750,000 against non-medical professionals.
Is there a time limit for me to file a medical malpractice lawsuit?
Most legal cases must be filed by a certain time limit, or the court will in all likelihood decline to hear the case. This is called the statute of limitations. Florida's medical malpractice statute of limitations is two years from the time the person discovers their injury or harm. However, the person has four years since the incident in question occurred.
Please note that the statute of limitations begins upon discovery of the injury or damage. That's because, in some cases, the person may not immediately realize they've been hurt. A surgical instrument left on a patient during an operation, for example, can cause complications, but the symptoms may not be immediately apparent.
The four-year limitation period applies because of ahibernation. After four years, it can be difficult to determine what past events have caused in a person's health. It also prevents vendors and professionals from being sued many years after an event.
There are some exceptions. First, if the provider or healthcare professional intentionally concealed their actions from the patient, the statute of limitations is extended to seven years from the time the incident occurred. It's still two years since the injury was discovered. Second, the statute of limitations does not apply to persons who have not yet reached the age of 18 at the time of the alleged medical malpractice.
The process of filing a medical malpractice lawsuit
Florida, like many states, requires a special procedure for cases of medical malpractice.
The injured party is obliged to do sonotifyYour healthcare provider or doctor about your intention to take legal action. The notification must contain aappraiserduly sworn statement proving the merits of the claim. This is done to deter claims that are not supported by medical evidence and evidence requirements.
In addition, Florida requires certain guidelines for witnesses before beginning a process. First, the expert must testify before the trial judge before the trial without the presence of a jury. The judge then decides whether your testimony is worth presenting to the jury.
But before that, the defense specialist must review the case under Florida guidelines. They have to analyze all the facts about their field and create an opinion.
If the opinion of an expert differs from that of the defense attorney, the malpractice case is considered credible and goes to court. Note that this determination of credibility is quite different from the determination of guilt or innocence. These determinations are always made by the jury.
The defense reports and expert reports on the side of the plaintiff are intended to deter frivolous or false allegations and to establish the credibility of the allegation of medical malpractice made by the plaintiff.
Evidence of negligence in medical malpractice claims in Clearwater
When it comes to establishing negligence in a Clearwater medical malpractice claim, you must meet the criteria to proceed.
Prove that an official relationship already existed
First, a doctor-patient relationship must be established between the plaintiff and the defendant. It is difficult to prove liability when there is no record of a doctor agreeing to treat you.
With this in mind, a doctor who gives you poor or uninformed advice as a friend or acquaintance in a social setting is not qualified. This is not the same as a doctor agreeing to treat you in an office and being negligent.
There was real neglect
As we shall see later, from a health perspective, not improving is not the same as blaming a doctor for medical malpractice.
If you have an incurable or chronic medical condition, a physician may provide maintenance care, counseling, and/or comfort care. However, you cannot cure it, and neither would a reputable doctor make any promises about it.
Many GPs are unfamiliar with less common conditions and may not know how to treat them. However, this alone is not proof of negligence. That's just human nature.
A doctor who didn't have the skills to treat his condition could have promised that they could cure him. A doctor who is not qualified to treat your condition should always be transparent and refer you to another doctor or specialist.
You must prove beyond any reasonable doubt that the doctor in question directly caused the worsening of an existing illness or the emergence of a new illness. To prove this, it is not enough to say that the doctor's treatment was negligent or defective. In particular, you must show that the doctor's care was not "reasonably skillful and diligent." This is at the heart of a medical malpractice lawsuit in Clearwater.
As mentioned above, Florida requires the author to consult and provide evidence from a medical expert. This person should discuss the level of care required for an illness and clearly show how their doctor violated that standard.
Definition of a “standard of care”
By law, an expert must be consulted in your case to prove medical malpractice. The standard of care is defined as followsFlorida Statutes § 766.102:
"... the plaintiff bears the burden of proving, with the highest possible weight of evidence, that the healthcare provider's alleged actions constituted a breach of that healthcare provider's applicable standard of professional care. The prevailing standard of professional care for a given healthcare provider is that level of care, skill and treatment that is recognized as acceptable and appropriate, having regard to all relevant circumstances of the environment, from reasonably prudent, similar healthcare providers.” .
Expert for medical malpractice
Cases of medical malpractice can rely heavily on expert testimony. An expert must have at least the same education, training and experience as the accused person or more.
Your opinion must be credible. As mentioned above, if a cardiologist is accused, the specialist must also be a cardiologist and have the same or higher education, training and experience as the accused.
But the type of events that result in injury or death in a healthcare or healthcare setting is very broad and, of course, different from other types of events. While some CSIs may be experts in the doctor's field, others may be coroners who testify as to the cause of death.
Some might be scientists witnessing a drug reaction. Others may be general practitioners, demonstrating the generally accepted standard of care for specific medical conditions.
Frequently Asked Questions About Medical Malpractice in Clearwater:
You trust your doctor to provide you with accurate medical information. Whether they're writing you a prescription or suggesting that you need an invasive medical procedure to treat a condition, you trust what they're saying is correct.
Unfortunately, this is not always the case. All healthcare professionals, from doctors to pharmacists to nurses, can make mistakes that can result in life-changing injuries to you or a loved one.
Collecting damages for damages caused by a doctor's negligence can help ease the burden. Cash can provide you with a way to cover your medical bills and potential financial losses resulting from your medical malpractice injury.
No amount of money can remove your suffering or undo your pain. However, working with an experienced Clearwater medical malpractice attorney can help you focus on your health and get back to the life you love.
Are doctors the only ones who can be held liable for medical errors?
No, every licensed doctor can commit a medical error.
The list of people or organizations that you can hold responsible for your injuries includes:
- medical assistants
- hospital staff
- hospital administrator
Any of these people could act negligently and cause your injuries. An experienced medical malpractice attorney can help you determine which party is responsible for your injuries and the resulting medical costs. It's entirely possible that more than one person or organization is responsible for your injuries.
Medical malpractice investigations are complex and must be conducted by medical experts. Your attorney may have resources you can trust to fully investigate your injuries and come to an accurate conclusion as to who is at fault.
What are common examples of medical malpractice in Clearwater?
Medical malpractice comes in many forms. It leaves the victims with a forever changed life and, in the worst case, the loss of a loved one. AroundTen percent of deaths each year are caused by medical error or error. mostTypical examples of medical malpracticecontain:
- birth injuries
- surgical error
- anesthesia error
- Misdiagnosis or delay in diagnosis
- missing diagnosis
- medication errors
- brain injuries
- did not get approval
- Medical equipment failure
- Medical equipment left in the patient's body.
In many cases, a doctor will treat you for a medical problem or for injuries resulting from another type of accident. They hope that your experience will make you feel better. Unfortunately, that only made you worse.
Making sure you recover from those additional injuries should be your only goal. Working with an experienced Clearwater medical malpractice attorney can help you achieve your goal of becoming better by taking it upon yourself to hold the negligent physician accountable for your injuries and receive maximum compensation from them.
How do I know if I have a medical malpractice claim from Clearwater?
Medical errors come in many forms, and it is not always clear whether an error or injury is the direct result of medical negligence. Just not getting better isn't a sign you've suffered a malpractice injury.
Sometimes things just go wrong. A healthcare professional may act appropriately in the situation, but still not resolve your medical problem. The only way to know for sure if your injuries amount to medical malpractice is to speak with a Clearwater medical malpractice attorney today.
Your attorney can review your medical information, work with your medical experts, and determine if you have a claim. If you do, your legal representative will work hard to help you collect every dollar you make so you don't have to pay out of pocket to recover from your injuries.
What claims for damages can I assert in medical liability proceedings?
When your attorney files a lawsuit in ClearwaterMedical malpractice lawsuitThe aim is to recover the greatest possible damage from the defaulting party. After suffering unnecessary injuries, the last thing you need is to take on the financial burden of paying your medical expenses and covering your financial losses.
Your solicitor may attempt to seek compensation, which covers:
- pain and suffering
- emotional stress
- lost income
- lost income potential
- loss of camaraderie
- loss of zest for life.
- Current and future medical expenses
- rehabilitation costs
Depending on the severity of your injuries, the vast majority of your medical needs will come in the future. That means the medical bills piling up on your kitchen counter are only a fraction of the total you have to pay.
But your injuries aren't your fault, and you shouldn't have to pay those bills. If you are also unable to work, the accident will further affect your ability to work. Your family may feel pressured to work overtime or take extra jobs to make up for the financial loss of your inactivity. This is not your burden to bear.
By working with a trusted Clearwater medical malpractice attorney, you can work together to obtain maximum compensation for your injuries. This may include covering your future medical bills and estimated financial losses. That amount of money can be extreme, so getting the right legal help now can ease your stress and worry about paying those bills.
How much is my medical malpractice case worth in Clearwater?
This is the most common question we receive. Ultimately, we can't give an exact answer to that. Any lawyer who gives you an accurate answer is dishonest. There is no way to know exactly how much money you can get back with absolute certainty.
However, we can work in partnership with medical professionals who can examine your injuries to provide an accurate estimate. These experts will help you and your legal team understand what you are dealing with and determine how much it could cost.
They will also estimate how long you will be unemployed and if you will ever be able to return. Collecting compensation for lost income can be an essential part of your financial recovery.
The only way to be sure you have an accurate estimate is to work with a Clearwater medical malpractice attorney who has proven experience helping victims like you. At Dolman Law Group, we have the experience and compassion you deserve.
Do I have to go to court?
Many people are afraid to go to court. We understand. It can be a harrowing experience. But sometimes there is a need to help you get back every dollar you make.
Our goal is to settle your case out of court. However, insurers may refuse to pay a fair and reasonable amount. We may need to take your case to court to allow you a full recovery in this case.
Medical malpractice lawsuits can also end up in court because of their complexity. Your injuries can be extremely serious and it can be difficult to determine with certainty who and what caused your additional injuries. A court case can paint a clearer picture, which may result in you receiving the compensation you need to cover your medical expenses and financial losses.
For this reason, you should also choose a Clearwater medical malpractice attorney with litigation experience. You don't want your medical malpractice lawsuit to be your attorney's first.
I already have an offer. Why keep trading?
Shortly after you have been injured by a doctor or other healthcare professional, the insurance company representing the negligent party may contact you aliquidation offer. Many victims are enthusiastic about this offer. They hope this means they can move on from this traumatic experience and move on with their lives.
Unfortunately, this could be the start of more problems. Insurance companies are in the business of making money. If they pay the full amount of their claim, they will not make any money.
Knowing that you are concerned about your physical health and stressed about how to pay for the medical care you need, the insurance company will provide you with a quick quote. They might even tell you that you don't need a lawyer, that this is the best deal they can do and that hiring a lawyer will only reduce the amount of money you get back. None of this is true.
Consider why the insurer is pressuring you to accept the first offer that comes along. That's because this offer and you don't have a lawyer is what's best for her. If you accept the offer, you waive your right to make future claims against the insurance company for your malpractice.
Months or years later, when the severance pay is gone but you still have medical expenses to cover, it will be too late. That's why lawyers are useful. Your lawyer has your best interest in mind and will always look after you.
What can Clearwater medical malpractice attorneys do for me?
We can examine yours thoroughlyMedical Malpractice Injuryand the help of your medical experts. We will also take action against the big insurers who aggressively negotiate on your behalf to get fair compensation for your injuries.
The last thing you need to worry about is how you're going to pay for your medical expenses and recover from your financial losses. Your attorney can be the legal counsel you deserve, fighting to protect your rights and helping you get every dollar you deserve.
If you or a loved one in Clearwater have suffered from medical malpractice
What should you do if you or a loved one has suffered as a result of a medical practice in or around Clearwater? Honestly, it can be difficult to know what to do. It can be daunting to face a medical provider or facility, especially if you still need medical care.
An experienced medical malpractice attorney in the Clearwater area can help. At Dolman Law Group, our first consultation is always free. Florida's malpractice law is complicated. Let us help We can explain the law clearly and discuss your case transparently.Contactus today or give us a call(727) 451-6900.
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