Medical Malpractice Attorneys in Florida
Are You the Victim of Medical Negligence?
Did you know that there are approximately 250,000 deaths every year in the United States due to some form of medical error? According to Johns Hopkins Researchers, medical errors in the U.S. are the third leading cause of death.
Maybe you’ve heard the term “medical malpractice” before, but do you know what it means? It’s a great question! According to the American Board of Professional Liability Attorneys (ABPLA):
“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”
Visit our blog to learn more about the basics of a medical malpractice lawsuit! If you believe you or someone you love suffered injuries, complication, or harm as a result of a doctor or medical professional’s negligence, reach out to our Florida medical malpractice lawyers right away to discuss your legal options.
Common Examples of Medical Malpractice
Medical malpractice can take many forms; it may be intentional or it may occur simply as the result of a medical professional’s mistake. However, in order for it to be considered malpractice, the medical professional must have failed to provide a standard of care (more on that below).
Some common examples of medical malpractice include:
- Prescription errors
- Failure to diagnosis/wrong diagnosis
- Missed or late diagnosis
- Birth injuries or death
- Unnecessary surgery
- Being discharged prematurely
- Failure to order proper testing
- Failure to recognize symptoms
- Failure to warn a patient of the known risk
If you are reading this page, you are likely beginning the process of researching the rights for a patient, whether it be for yourself or a loved one. If that’s the case, we are truly sorry that you’ve been placed in this predicament! If you’re ready to speak to a Florida medical malpractice attorney about your case, contact us now. There is no cost to you in discussing your case with our personal injury team.
“I completely trust Carmen and the rest of the attorneys at The Dellutri Law group. Carmen cares about his clients and works hard to provide the best representation for them. Unlike some other attorneys, Carmen puts the interests of his clients first. I would not hesitate to use Carmen again in the future or recommend him to anyone I know." - D.L. (Google -November 27, 2017)
Proving a Medical Malpractice Case
In any medical malpractice case, we need to prove four essential elements:
- The Standard of Care: The first element of a medical malpractice case is that we need to identify a “standard of care” between a doctor and a patient. All doctors are supposed to provide “competent care to patients.” So, the standard of care that should be provided to a given patient will be individualized based on the patient's individual circumstances. This element is usually not difficult to prove once a doctor/patient relationship has been established.
- Breach of the Standard of Care: The second element is the that the doctor breached the duty to provide a reasonable standard of care to the patient. This is when we enter a battle of experts. Expert witnesses are used to determine what a reasonable standard of care could have been for the patient and whether the treating physician deviated from a reasonable standard of care and was, therefore, negligent. As you are probably thinking, in many cases, this is a highly litigated part of the case.
- Causation: The third element of a medical malpractice case is causation. Once you can demonstrate a standard of care and that the doctor breached his or her duty to provide a reasonable standard of care, the next step is proving that the doctor’s breach caused your injuries. In other words, we must prove that a doctor’s actions, or failure to take action, directly caused our client’s injuries. We want to know that the doctor’s negligence is the legal cause and the proximate cause of our client’s injuries because without damages, you have no case.
- Damages: The fourth element in a medical malpractice case is damages. When an individual is injured by medical negligence, they are allowed to recover both economic and non-economic damages. Economic damages are things like medical bills from additional required treatment and lost wages as a result of being too injured or sick to work. Non-economic damages, on the other hand, are things that are harder to assign a specific dollar amount to, such as pain and suffering or emotional distress.
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Our firm is singularly focused on our clients and will stop at nothing to fight for the future that they deserve. Let our attorneys fight for your future next.