When you are sick or if you suffer an injury of any type, you go to your doctor to be treated. You expect that your doctor is going to take care of you in the best possible way. Essentially, you put your health and well-being in the hands of your doctors. You expect them to do everything necessary to try to get you better as fast as possible.
Unfortunately, there are times when doctors make mistakes. Sometimes, these mistakes are entirely accidental. Other times, a doctor is negligent. When you receive unacceptable care and it causes you further harm, you may have the grounds for a medical malpractice lawsuit.
If you have a relationship with a doctor and believe this doctor is mistreating you, a Boynton Beach medical malpractice lawyer can help you determine if you have grounds for a lawsuit. Contact Ben Crump Law, PLLC at (844) 638-1822 for help regarding your possible medical malpractice claim.
Types of Medical Malpractice Lawsuits
Some laws protect doctors from lawsuits. This protection is there to help
avoid frivolous lawsuits resulting from medical care that did not work the way that it usually would. However, there are some cases where the attention that you receive is not up to standard, and in this type of situation, you may be eligible for an award for any injuries you sustained as a result. Medical malpractice lawsuits will typically fall under one of three categories.
Failure to Diagnose
If you suffer from an illness that would be recognized by most medical professionals and your doctor fails to recognize your symptoms, it may be possible to file a medical malpractice lawsuit against the doctor who did not discover your illness sooner. This type of case can sometimes be challenging, as you will need to show that another professional would have found your health issue earlier and treated you in a way that would lead to you recovering sooner.
Most common injuries and illnesses have a common treatment, or at least a common place to begin for treatment. If your doctor provides you with a treatment that veers from the traditional procedure and it causes more harm than good, you may be able to file a medical malpractice claim against them.
Primarily, if you are treated improperly at any point in time during your medical care, a Boynton Beach medical malpractice lawyer can help determine whether it could be viewed as malpractice.
Failure to Warn of Possible Risks
If your doctor recommends a procedure, the doctrine of informed consent means that they must inform you of any possible risks associated with that procedure. If they fail to let you know about common risks for the procedure and you are injured as a result, you may have grounds for a medical malpractice suit.
If your doctor does tell you about the possible risks for the procedure and you still agree to go through with the process, you may be giving up your rights for a malpractice case as you agreed to the risks before the procedure was complete.
For a free legal consultation with a medical malpractice lawyer, call (844) 638-1822
Florida’s Negligence Statute
The term negligence refers to a careless act toward another. For example, a person driving under the influence is negligent as they are putting others at risk by being on the road. Florida has a negligence statute that requires medical professionals to use competent and proper care when they are caring for any of their patients. If they do not show appropriate care towards their patient, they breached the standard of care they owe you.
Ben Crump Law, PLLC will help you explore how the medical mistake may be the cause of your injury and if your harm was foreseeable. Medical malpractice cases are often complicated and take a lot of time, which is why it is a good idea to discuss your case with a lawyer sooner than later.
Medical Malpractice Lawyer Near Me (844) 638-1822
Filing a Medical Malpractice Claim
If you want to pursue a medical malpractice claim, a Boynton Beach medical malpractice lawyer can help you gather the vast amount of evidence that will be needed. As mentioned, there are laws in place that help protect medical professionals from frivolous lawsuits.
To show that you have a medical malpractice case, you will first need to prove that you had a relationship with the doctor in question. This step is often reasonably straightforward as long as you had appointments with your doctor and paid your medical bills to their office. At times, a medical malpractice claim may involve more than one professional. Often, these cases include the hospital where you received your care.
Once you show that you had a relationship with the doctor in question, you will then need to provide information about the care you received and why it was not appropriate. This may require testimony from other medical professionals.
Successful medical malpractice claims may lead to you collecting an award for your damages. This award may include the cost of your medical care, any lost income, and possible compensation for any suffering that you endured as a result of your mistreatment.
Statute of Limitations
Each state has a set of time limits for filing different types of lawsuits. Florida Statutes state that you have two years from the date of your care to file a medical malpractice claim against your doctor. The limitations are strictly enforced, and there are few exceptions.
Since the timeline is stringent when it comes to medical malpractice claims, you should discuss your claim with a lawyer as soon as possible. Failing to do so may result in you being unable to get the compensation for your injuries that you may deserve.
Legal Help with Medical Malpractice Lawsuits
The legal statutes surrounding medical malpractice lawsuits are quite complex and regulated. If you feel that your doctor mistreated you in any way, contact a lawyer to discuss your unique circumstances. There is plenty of evidence needed to be successful in these types of cases. Contact Ben Crump Law, PLLC at (844) 638-1822 to discuss your case during a free consultation.