If a spouse, family member, or other loved one is either seriously injured or contracts an illness, they would see a medical professional for help. Many of us trust doctors and nurses for the care they provide in our times of need.
Yet, even the most skilled and talented healthcare professionals may make mistakes, overlook a critical need, or simply neglect a patient until it is too late to help. Errors are frequently made in the medical profession. In fact, a Johns Hopkins Medicine study showed that at least 250,000 people die every year from medical errors.
If the doctors made the errors because they neglected their patients and did not take good care of them in expected ways, that could be considered medical malpractice.
If this situation describes what happened to a family member, then you have the option of seeking help from a Tampa medical malpractice lawyer at Ben Crump Law, PLLC. Our representatives will take your call, assess your situation, and discuss with you the option to file a medical malpractice negligence suit against a doctor or medical staff member. Call us today at (800) 641-8998.
Proving Medical Malpractice
If you were hurt or have lost a loved one due to a critical error while in the hands of a doctor, then you should have a clear understanding of what defines medical malpractice, how it occurs, and why it can harm a patient enough to cause serious illness, injury or death.
In simplest terms, when a medical professional makes an error that is preventable, and a patient becomes injured or dies as a result, that is a viable medical malpractice case.
To prove negligence or malpractice, a plaintiff has to show that:
- Another doctor, one who is competent and skillful, would not make that assessment or mistake under the same circumstances.
- The doctors were negligent. A plaintiff can prove this by showing that a doctor made a correct diagnosis but failed in following through in seeking outside opinions to corroborate the diagnosis, and as a result, was negligent in their duty to the patient.
In these circumstances, trying to prove a doctor’s negligence for an incorrect or damaging diagnosis is very complex and time-consuming work. The attorneys at Ben Crump Law, PLLC can act as your representation in a medical malpractice case.
Our firm handles medical malpractice cases in Florida, and we can offer you a no-fee initial consultation. Call us today to see how a Tampa medical malpractice lawyer can support you and your loved ones during this emotional period.
For a free legal consultation with a medical malpractice lawyer serving Tampa, call (800) 641-8998
Malpractice in Tampa
To bring a case of medical malpractice in Tampa, FL, a person must show the significance of the three crucial elements in a legitimate medical malpractice case. These are the pieces that need to be proven:
- That the doctor owed the patient a duty of care
- That the doctor’s duty was breached
- That the patient was harmed as a result of the medical breach of duty
The major part here is showing harm. If the patient can prove harm caused by the medical malpractice, then it is a step forward toward a successful case. If the patient is not injured or has not received harm from the medical malpractice of the doctor, then the claim will not be a viable one.
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Medical Malpractice Examples
There are a number of ways in which a patient can be the unwitting victim of medical malpractice. Someone who has suffered personal injuries or illnesses as a result of medical malpractice can usually find their reasons in these examples:
Surgical Mistakes
When a doctor makes an egregious surgical mistake, it can end a person’s life in some cases, or dramatically alter the patient after the operation. When going into surgery, a person is putting their hope and trust into the hands of the surgeon.
Here are a few common surgical mistakes in medical malpractice cases.
- Performing a procedure incorrectly
- Performing with unsterilized instruments
- Operating on the wrong patient or wrong body part
- Unsafe operating procedures in surgery
- Lack of monitoring vital signs during surgery
- Badly managed care pre-surgery or post-surgery
Wrong Medication
Getting the right medication for your pain is often a no-brainer for patients. However, we have seen in cases that medication errors are quite common. Medications must be accurately diagnosed, prescribed, and delivered without any error in the healthcare chain. If a patient takes too much of a drug, it could kill that person. Medication errors may occur in:
- Doctor prescribing the wrong drug
- Doctors prescribing the wrong amount or dosage strength
- Errors in the directions for taking the drug
- Wrong medication leading to other patient troubles
Wrong Diagnosis
Doctors may get a patient’s symptoms wrong, and diagnose a patient with one condition, when it may be the wrong condition altogether. A patient may have lymphoma, but the doctor may characterize it differently.
A misdiagnosis can also mean that the doctor just missed it, and no treatment was prescribed for the condition they missed. That could lead to patient complications.
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Statute of Limitations on Medical Malpractice in Florida
The state of Florida has a two-year statute of limitations on bringing a medical malpractice lawsuit to court, according to Florida Statutes § 95.11(4)(b). This means that a person has two years to file from the date of the breach of duty by the medical professional that led to the death, injury, or illness of the patient.
If you want a legal team to help you if you or a family member has suffered medical malpractice in some shape or form, a Tampa medical malpractice lawyer at Ben Crump Law, PLLC might be able to help you. Reach out to a member of our team to discuss your situation. Call us today at (800) 641-8998.
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