Modern medicine can save lives, but when medical professionals fail to uphold their duty of care, the results can be tragic. Whether a medical professional failed to diagnose your baby’s birth injury, you received a defective medical device, or a doctor prescribed you an unsafe medication, you may suffer severe, long-lasting injuries. Medical providers’ negligence is even more devastating when someone dies as a result of unsafe behavior.
In addition to the impact on your health, medical malpractice may adversely affect your family and financial security for years to come. In addition to physical and emotional anguish, you or your family may suffer overwhelming stress as you try to cope with health issues along with mounting medical bills. You may also have to miss work because of your injuries, resulting in lost income. If you suffered grievous physical injury or chronic illness, you may be unable to return to your previous position or may be unable to work again at all. If a family member died as a result of their injuries, you will also have to pay for funeral and burial expenses.
In the face of adversity such as this, you may feel helpless and afraid. Pursuing justice, particularly against major healthcare companies or drug and device manufacturers, can be daunting and requires extensive legal and medical knowledge. However, there is hope. A St. Petersburg medical malpractice lawyer may be able to support you in pursuing justice. While no amount of money can make up for the pain you’ve suffered, financial awards may help you recuperate and move forward.
If you or a loved one suffered from medical malpractice, consider connecting with a St. Petersburg medical malpractice lawyer. The team at Ben Crump Law, PLLC may be able to support you in holding those responsible accountable for their actions. Call the office at (800) 641-8998 for a free consultation to see if you have a case.
Overview of Medical Malpractice
Medical malpractice encompasses acts of negligence or recklessness by a healthcare provider. Individual healthcare providers, such as physicians, obstetricians, and nurses, can be liable for medical malpractice, as can entities such as hospitals, nursing homes, or home health care agencies.
There are three main categories that cover most medical malpractice cases:
- Failure to diagnose: When a doctor fails to provide a diagnosis at all or provides an incorrect diagnosis in a situation in which a proper diagnosis could have contributed to a better outcome.
- Failure to treat: When a medical provider fails to offer the same level of care as any reasonable doctor would.
Failure to warn a patient of risks: If a medical provider doesn’t educate a patient about the risks associated with a medication or procedure.
For a free legal consultation with a medical malpractice lawyer serving St.Petersburg, call (800) 641-8998
Establishing Medical Malpractice
In addition to the oath to do no harm, medical providers are expected to uphold a duty of care to make educated, thoughtful, and responsible decisions to protect patients. The idea of a duty of care is almost as old as medicine itself. To build a medical malpractice case, a lawyer must first establish that the provider, whether they be a physician, nurse, hospital, or nursing home, had a duty of care and breached that duty.
In building a case, an attorney must:
- Demonstrate the relationship between the provider and patient
- Prove the provider owed the patient a duty of care
- Prove they breached the duty
- Establish evidence of injuries caused by this breach
- Establish damages owed
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Damages Associated with Medical Malpractice
Nearly all medical procedures, from medication administration to surgery, involve some level of risk. For this reason, medical providers typically require a patient to sign a waiver stating that they understand these risks and wish to move forward. Signing a waiver does not mean you cannot sue for medical malpractice. It does, however, make it more difficult to pursue financial compensation for your injuries. If you or a loved one suffered injuries because of a serious, preventable medical error, you may have the legal right to pursue financial awards for your losses. An attorney can help you determine what losses to pursue based on the details of your case.
Damages commonly associated with medical malpractice lawsuits include:
- Past, current, and anticipated healthcare costs
- Costs of long-term treatment
- Emotional pain and anguish
- Cost of funeral and burial expenses (wrongful death)
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Statute of Limitations
You do not have unlimited time to file a claim. When pursuing a medical malpractice case, it is imperative to abide by the statute of limitations. This is the timeframe within which a person can file a suit against another party. In Florida, the statute of limitations for personal injury cases is two years from the date at which the injury was discovered. In Florida, there is also another restriction, known as the statute of repose. Under this law, outlined in Florida Statutes 95.11(4)(b), an individual cannot sue a medical provider more than four years after the date the injury occurred. This means that if you did not realize you were injured by a negligent medical provider until three years after a surgery, for example, you still have only one year left to file a suit.
There are some exceptions to both the standard two-year medical malpractice statute of limitations and the statute of repose. This includes cases where the victim is a child under eight years old. Like most states, Florida allows parents eight years to file a medical malpractice claim for birth injuries. There are also exceptions for situations where the healthcare provider perpetrated fraud, concealment, or misrepresentation.
A St. Petersburg medical malpractice lawyer can guide you through the complex legal process of pursuing justice against a medical provider or entity. They will ensure you follow the proper procedures and abide by all rules, including the statute of limitations.
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Connect with a Medical Malpractice Lawyer Today
If you or a loved one have suffered from medical malpractice, consider getting in touch with the team at Ben Crump Law, PLLC. Call the office at (800) 641-8998 to speak with a team member for a free consultation to discuss your situation and determine if you have the grounds for a medical malpractice case.
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