MEDICAL MALPRACTICE IS A LEADING CAUSE OF DEATH AND SERIOUS INJURY IN THE UNITED STATES. MEDICAL MALPRACTICE CLAIMS ARISE WHEN A HEALTH CARE PROVIDER PROVIDES MEDICAL CARE AND TREATMENT THAT IS BELOW THE STANDARD OF CARE. IN OTHER WORDS, THEIR NEGLIGENT CARE AND TREATMENT CAUSED AN INJURY TO THE PATIENT. to this text: MEDICAL MALPRACTICE IS A LEADING CAUSE OF DEATH AND SERIOUS INJURY IN THE UNITED STATES. MEDICAL MALPRACTICE CLAIMS ARISE WHEN A HEALTH CARE PROVIDER PROVIDES MEDICAL CARE AND TREATMENT THAT IS BELOW THE STANDARD OF CARE. IN OTHER WORDS, THEIR NEGLIGENT CARE AND TREATMENT CAUSED AN INJURY TO THE PATIENT.
There are a number of ways that health care providers’ care and treatment can fall below the standard of care. Some common examples of medical malpractice include:
- Failing to diagnose a patient’s condition, which may include not timely diagnosing a patient’s condition, misdiagnosing a patient’s condition; failing to order the appropriate tests, failing to review the results of the tests, failing to communicate the results of the tests, failing to order the appropriate treatment, or failing to send the patient to the appropriate specialists;
- Negligently prescribing medications, which may include prescribing the incorrect medication, prescribing the incorrect dosage, improperly filling or compounding a prescription, or prescribing contraindicated medications at the same time;
- Negligently performing surgery, which may include performing surgery on the wrong site, performing surgery on the wrong patient, performing an incomplete surgery, or leaving instruments inside the patient;
- Negligently administering anesthesia, which may include failing to properly monitor the patient before, during, or after surgery or administering the incorrect dosage of anesthetic;
- Lack of informed consent; and
- Negligently causing birth injuries, which may include excessive use of force during delivery or delay in delivery
Once we have determined and proven that a health care provider deviated from the accepted standard of care, we must also prove that the negligence was the direct and proximate cause of the injuries and that the patient suffered damages as a result of those injuries.
Medical malpractice litigation is an extremely technical, nuanced and complicated area of law, which requires multiple expert witnesses to prove not only the negligence but the damages as well. You may be entitled to recover for past and future medical expenses, past and future lost wages and/or loss of earning capacity, and pain and suffering.
If you or someone you know has suffered injuries as a result of medical malpractice, it is imperative to act quickly as there is a deadline, called the statute of limitations, for filing these claims. Under Florida law, medical malpractice actions must be filed within two (2) years from when the malpractice occurs, subject to some exceptions.
Although health care providers are not required to carry medical malpractice insurance in Florida, we are not discouraged from pursuing a valid claim for medical malpractice and seeking justice for our clients. Furthermore, we work on a purely contingency-fee-basis, which means that you will not be obligated to pay us any attorney fees or reimburse us for the costs incurred in your case unless we obtain money for you.
Please contact Wites & Rogers today schedule a free, no obligation case evaluation and consultation with an experienced Florida medical malpractice attorney at Wites & Rogers .