lar/Clearwater Medical Malpractice Lawyer
Do you suspect that you may have been a victim of medical malpractice in Clearwater, FL? If so, you may be entitled to reasonable compensation for your injuries. Medical errors are a serious and widespread problem. Your health could be deteriorating, complications affecting your quality of life and function, and large medical bills.
NOPersonal Injury Lawyers in Roman Austin, we have decades of experience helping victims of medical malpractice obtain maximum compensation for their injuries. Contact our law firm today to schedule an appointmentfree consultationwith a compassionate Clearwater medical malpractice lawyer to help you explore your options in(727) 787-2500.
How Roman Austin Personal Injury Lawyers Can Help You With Your Medical Malpractice Claim
You trust that the doctors will do the best they can, figure out what's wrong with you, and do everything they can to help you recover. If you find that trust is misplaced and additional harm has been caused by a doctor's negligence, you may not know who to turn to.
Unfortunately, medical malpractice is a common problem and recovering the compensation you are owed can be an uphill battle. Medical malpractice cases require extensive investigations and a large amount of evidence in the form of expert reports. When you're fighting a large claim against well-funded insurers, you deserve experienced attorneys who can help you hold the responsible party accountable.
Top Rated Clear WaterPersonal Injury LawyersThe personal injury attorneys at Roman Austin have over 75 years of experience supporting victims of medical malpractice. Our AV-rated law firm has two board-certified civil litigators, a designation shared by only 2% of Florida attorneys, giving us an advantage when it comes to achieving favorable results in complex tort cases.
Since 1996, Roman Austin Personal Injury Lawyers has been passionate about fighting for injury victims and has earned national recognition for the significant jury awards and settlements we have won.
When you turn to the personal injury lawyers of Roman Austin to represent you in your medical malpractice case, you can count on our firm to:
- Help you understand what to expect and answer your questions.
- Investigate your case thoroughly
- Gather evidence to prove negligence and the extent of your injuries.
- Work with leading medical experts to prove the standard of care in your case and your provider's negligence
- Fight claims that there was no negligence or that you were not actually injured
- Negotiateon your behalf for a fair deal
When the insurance company does not make a fair offer, Roman Austin's Board Certified Personal Injury Lawyers civil trial attorneys are not afraid to take your case before a jury. We were named Tampa Bay's Top Trial Lawyers and made a name for ourselves at the negotiating table and in the courtroom.
Contact our law firm today to schedule your free consultation with a Clearwater medical malpractice attorney ready to fight for you.
What is medical malpractice in Florida?
Medical negligence occurs when a healthcare professional acts or fails to act negligently and injures a patient. Medical errors can occur during diagnosis, treatment, monitoring or follow-up care, or as part of regular health management. It can also be committed by almost any type of healthcare professional, including a hospital, general practitioner, pharmacist, nurse, or anesthesiologist.
Health professionals are subject to a high standard of care in Florida. You must provide the standard of care that a reasonable physician in the same field would provide to a patient in similar circumstances.
Florida Statutes 766.101defines this prevailing standard of care as “the level of care, skill and treatment that is recognized as acceptable and appropriate in all relevant circumstances by reasonably prudent similar health care providers”.
If the doctor breaches this duty and causes harm to the patient, the patient may be legally liable for the harm he has caused.
types of medical malpractice
Medical malpractice comes in many forms. It can occur when a condition is misdiagnosed and worsens without proper treatment, or when a mistake is made during surgery. Some medical errors cause a medical condition to progress or worsen a patient's health, while other errors cause direct harm, such as: B. Amputation of the wrong limb.
The following are the most common forms of medical malpractice in Clearwater.
Misdiagnosis or late diagnosis
Many medical malpractice claims arise from the way a medical condition is diagnosed.
Misdiagnosis occurs when a doctor examines a patient but fails to diagnose the correct condition or disease. This could mean that a patient is incorrectly told that she does not have a known disease, or that the patient is diagnosed with an incorrect condition.
A misdiagnosis prevents a patient from receiving the treatment they need right away, which can lead to harm.
Delay in diagnosis is similar, but means that the doctor eventually makes the correct diagnosis after initially misdiagnosing the patient. This delay in diagnosis can result in the deterioration of the patient's health because necessary treatment has been delayed.
When a doctor makes the correct diagnosis, medical errors can still occur when the correct treatment is not recommended. A patient may be discharged too soon, a doctor may not refer the patient to a specialist when needed, or appropriate follow-up care may not be provided.
I appreciate - I know4,000 surgical errorsThey happen every year in the United States. Mistakes during surgery can lead to a worse patient condition, serious complications, and the need for revision surgery. According to the National Quality Forum, surgical errors are "Never Events" that should never occur because they are easily preventable and have serious consequences.
Surgical errors differ from known surgical risks or an unsatisfactory surgical outcome. Some of the more common types of surgical errors in Clearwater include:
- Leave the surgical team with the patient.
- Surgery performed on the wrong patient on the wrong patient
- Surgery in the wrong place, performed on the wrong part of the body
- cuts in the wrong place
- anesthesia error
- organ piercing
- nerve damage
Although three quarters of surgical errors occur during surgery, other errors can occur before surgery or after surgery.
birth injuriesthey affect nearly 2 out of every 1,000 live births in the United States. While some birth injuries are unavoidable, many are caused by mistakes made during pregnancy, labor, or delivery.
Medical providers in Florida have an obligation to identify and treat problems that can lead to a birth injury. This could include, for example, ordering a C-section if the baby won't go through the birth canal, has a very difficult labor, or the baby shows signs of distress. Neglect can also occur while the child is in the womb, e.g. B. when a pregnant woman is prescribed certain medications.
Common birth injuries in Clearwater include:
- Cerebral palsy
- brachial plexus palsy
- paralysis erb
- shoulder dystocia
- facial paralysis
If your child suffered a birth injury, it is important that you consult a Clearwater medical malpractice attorney as soon as possible to investigate your case.
prescription drug errors
Prescription medication is critical to managing chronic conditions as well as acute conditions. Unfortunately, while prescription drugs can save lives, prescription errors can have long-lasting or even fatal consequences.
Drug prescribing errors can occur when a doctor makes a mistake by prescribing the wrong drug or when the wrong dose of a drug is administered incorrectly. Medication errors can also occur when a prescription interacts with a medication the patient is already taking. A prescribing physician or pharmacist may be negligent in medication errors.
Evidence of Medical Malpractice in Clearwater
Medical malpractice claims are notoriously difficult to prove. For a successful Florida medical malpractice lawsuit, you must prove the following elements:
- There was a doctor-patient relationship.
- The doctor was negligent.
- The doctor's negligence caused your injury.
- The breach resulted in harm or specific harm.
To create your case, your Clearwater medical malpractice attorney begins by establishing the standard of care for your case. What would a prudent doctor have done in a similar situation? This step typically involves expert opinions from medical providers about what constitutes a standard of care within the profession and how your provider deviated from the standard of care.
In order to win a claim, your personal injury lawyer will also show you the losses you suffered as a result of the negligence. This also includes working with specialists to estimate future medical costs you will incur. Medical malpractice cases almost always require a thorough investigation with supporting evidence from both sides.
At Roman Austin Personal Injury Lawyers, we also understand the tactics doctors and their attorneys use to defend against medical malpractice claims. We will combat claims that there was no negligence, that you were not harmed, or that something else caused your injuries by building the best possible case.
Damages Available for a Clearwater Medical Malpractice Claim
If your medical malpractice lawsuit is successful, you may be able to recover compensation for the damage you suffered. This includeseconomic damagefor damage with identifiable assets and immaterial damage for damage without intrinsic value.
You may be entitled to compensation for:
- Medical bills related to your injuries, including anticipated future medical expenses
- Lohnaus waterfallfor as long as you need to take a break from work
- Loss of future income if you are unable to work
- loss of consortium
- pain and suffering
- mental torment
- scar and disfigurement
The economic damage that you can reimburse is unlimited. Although Florida statutes limited 766,118 non-economic damages to $500,000 for practitioners and $750,000 for non-practitioners, this law was ruled unconstitutional.
Currently there are still some limitations on damages, for example, in the case of negligent duty of care by state or municipal employees or in the case of voluntary binding arbitration proceedings.
Statute of Limitations for Filing a Medical Malpractice Lawsuit in Clearwater, FL
Under Florida law, there is a2 yearsStatute of Limitations for Filing a Medical Malpractice Lawsuit. This period generally begins from the date the patient or a family member knew or should have known that an injury could have been caused by negligence.
Florida also has a statute of rest that bars medical malpractice lawsuits for more than 4 years from the date of the actual malpractice. The only exceptions are cases of cover-up, fraud or misrepresentation.
Were you injured due to medical fault? It is important to work with a Clearwater medical malpractice attorney as soon as possible to begin preparing your case. Medical malpractice cases are notoriously complex and require extensive investigation. The sooner you start working on your case, the easier it will be to gather evidence that could prove crucial to your claim.
Contact the personal injury attorneys of Roman Austin today to schedule a free case review with a Clearwater medical malpractice attorney who can assist you. We are here to fight for you.