When we put our health into the hands of a medical professional, we expect to be helped, but when mistakes are made, major injuries can affect the rest of your life or even death may occur. If you or a family member was harmed through the negligence or fault of a medical professional or institution, you may be entitled to receive compensation through a medical malpractice lawsuit. If your case is successful, you may be able to recover not only monetary costs, but also compensation for non-economic damages such as pain and suffering.
Trying to recover from a major medical mistake is overwhelming, and at this difficult time, you do not have to deal with the complexities of trying to obtain a settlement alone. A Davie medical malpractice lawyer at Ben Crump Law, PLLC can take the burden off you and handle all legal issues within the time limits set by Florida law. Contact us today at (844) 638-1822 for a free consultation so we can discuss the facts of your individual case and evaluate the best way to move forward.
Overview of Medical Malpractice
Medical malpractice in Florida occurs when a healthcare professional, or the hospitals and institutions they work for, commits medical negligence by violating the generally accepted standard of care used by other medical professionals. Florida law defines the standard of care as the “level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” This means what a reasonably prudent healthcare provider would have done under similar circumstances.
If the standard of care was breached and you were harmed as a result, you may seek compensation through a medical malpractice lawsuit. However, not every mistake made by a medical professional is legally considered to be malpractice and eligible for compensation. To win a medical malpractice case in Florida, your attorney must be able to prove the following:
- You were owed a duty of care not to be harmed by the medical professional.
- The professional breached and did not live up to that standard of care.
- You suffered injury or damages.
- There is a connection between the professional’s breach and the injury you received.
For a free legal consultation with a medical malpractice lawyer, call (844) 638-1822
Examples of Medical Malpractice
Medical professionals who perform harmful actions or fail to take actions they should have taken may be liable for the damage they were able to foresee or prevent. Examples include:
- Wrong or delayed diagnosis. Diagnostic mistakes, such as failure to order tests that a reasonably careful doctor would have, can lead to unnecessary and harmful treatments or prevent the correct treatment from being given for serious conditions such as cancer, heart attacks, or strokes.
- Pharmaceutical damages, including prescribing the wrong medication or incorrect dosage.
- Surgical errors, such as doing unnecessary surgery, leaving a foreign object in the body, or operating on the wrong body part.
- Laboratory errors in testing, reporting, reading, or in ignoring laboratory results that may lead to misdiagnosis and wrong treatment.
- Defective medical devices. Anyone in the chain of distribution of a defective product may be liable – manufacturers of parts, wholesalers and distributors, and the retail store which sold the product.
- Errors involving radiology, CT scans, X-rays, and other imaging due to improper execution, reading, or reporting.
A Davie medical malpractice lawyer will have to provide evidence that a mistake was made that a reasonably careful medical professional would not have made under the circumstances. In addition, we will have to show that if the treatment was provided correctly, the injury was not reasonably foreseeable nor a necessary result of the medical treatment. Contact the medical malpractice lawyers at Ben Crump Law, PLLC at (844) 638-1822 to start the investigation.
Medical Malpractice Lawyer Near Me (844) 638-1822
Florida Laws You Should Know
Florida medical malpractice law is complicated, so our attorneys will make sure you are familiar with relevant laws around limitations of actions and handle your case accordingly. Some legal hurdles we will deal with include:
- In Florida, you must serve a notice of intent to sue on the health care provider before you can sue in court. This must include an affidavit from a medical professional certifying that you have a valid claim.
- Expert Witness Testimony. To prove your case, it may be necessary to bring in an expert witness to testify as to what a reasonably prudent doctor would do in the same situation. This medical expert must hold a medical license, have recent first-hand experience in the specialty involved, and carefully review all of the relevant medical records. The expert will need to determine whether the care you received deviates from the national standards of care and whether the care caused or substantially contributed to the injuries.
- Time Limits. According to the Florida Comprehensive Medical Malpractice Reform Act, there is generally a two-year statute of limitations from the time you discovered or should have discovered the injury.
Compensation You May Be Entitled To
In a successful medical malpractice claim, you may receive compensation for economic damages, which can be objectively calculated. This may include:
- Past, present and future medical expenses.
- Lost wages and earnings, current and potential future.
- Funeral costs.
You may also receive an award for your non-economic, quality-of-life losses, such as pain and suffering, emotional distress, disfigurement, and loss of consortium.
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How a Davie Medical Malpractice Lawyer Can Help
The medical malpractice lawyers at Ben Crump Law, PLLC can guide you through the complexities of Florida law and its requirements. We will review the facts of your case to determine if it qualifies as medical malpractice, meets all deadlines, hire expert witnesses, and investigate, gather evidence, and interview witnesses to support your claim. We try to negotiate a settlement with the defendants’ lawyers but are prepared to take your case to trial if necessary.
Contact us today at (844) 638-1822 for your free case evaluation to get started.