Are you a victim of medical malpractice? If a healthcare professional’s negligence caused or worsened your injury or illness, you may be able to pursue a claim for compensation for medical expenses, lost wages, pain and suffering, and more.
There is a limited time during which you can file a lawsuit for medical malpractice in Florida. Call our Orlando personal injury lawyer today. Time is of the essence.
Common Types of Medical Malpractice Cases in Florida
Medical malpractice happens when a doctor or other medical professional causes harm to a patient due to medical negligence. That is, the defendant fails to follow the standard of care expected of other reasonable healthcare practitioners under similar circumstances.
Common types of medical malpractice cases include:
Failure to Diagnose or Misdiagnosis
You count on medical professionals in Orlando to correctly identify the cause of your illness or injury. Unfortunately, some doctors misinterpret the cause of your symptoms. They may diagnosis you with a condition you do not have or even decide that you are healthy.
When this occurs, they may either provide you with incorrect medication or refuse to set up a treatment plan entirely, allowing your actual condition to grow more severe. Doctors who do not order the proper tests or who make mistakes when looking at test results can end up accused of malpractice.
Mistakes During Surgery
Surgical malpractice occurs anytime a medical provider makes a serious mistake during a surgical procedure. Healthcare workers may:
- Perform the wrong type of surgery or procedure
- Perform the right surgery on the wrong part of your body
- Perform a surgery on the wrong patient
- Perform an unneeded surgery
- Cause damage to your organs, nerves, or tissues
- Leave medical tools behind in your body
- Use improperly sterilized instruments
- Neglect proper follow-up care
Anesthesia errors often fall under the category of surgical mistakes. Anesthesiologists have a responsibility to monitor your condition if you are put under for the procedure. Treating you with too much or too little anesthesia can severely impact your health and well-being.
Doctors should also acquire your informed consent before performing any surgical procedure. Failure to inform you of all the risks associated with a procedure could represent a form of medical malpractice in Orlando.
Exposure to Infectious Material
Hospital-acquired infections represent a major concern for patients in Orlando. Infections like C. diff (Clostridioides difficile) and MRSA (Methicillin-resistant Staphylococcus Aureus) may impact your life for years to come if medical workers did not follow proper safety procedures while treating you and you develop one of these infections as a result.
You may require medications to recover from your illness or injury. Doctors and pharmacists have a responsibility to make sure you get the correct medication at the correct dosage. Unfortunately, sometimes errors happen if:
- Pharmacists cannot read a doctor’s prescription
- Doctors write a prescription that conflicts with your other medications
- Doctors prescribe a medication that causes an allergic reaction
Taking the wrong medication can result in serious side effects that vary based on the type of prescription you need to take. Reach out to us for help in this situation. We provide responsive care and answer your questions about medications.
Mistakes During Childbirth and Delivery
Finally, many medical malpractice injuries involve childbirth in Orlando. Bringing your child into the world should represent a time of joy and celebration. However, doctors who fail to perform their duties could cause injuries to both mother and child.
Doctors may demonstrate medical malpractice during childbirth if they:
- Do not offer adequate prenatal care
- Fail to recognize dangerous complications
- Misuse surgical instruments
- Improperly perform a C-section
We understand the legal help you may require after a birth injury resulting from malpractice.
If you think you have an Orlando Personal Injury Lawsuit for medical malpractice, please call us for a free consultation to see if a medical malpractice lawyer in Orlando from our firm can help.
More Than Just the Doctor May Be Liable in a Medical Malpractice Case
Doctors are not the only type of healthcare practitioner that may be liable for medical malpractice. In addition to the doctor, the parties that may be liable for medical malpractice include:
- Nurse practitioners
The above list is a summary of the many health care professionals with whom you may interact. Other medical professionals may be liable if their medical negligence caused you injury.
Call us if you believe you have a medical malpractice case against a healthcare practitioner and would like a free case evaluation.
Medical Malpractice Claim Requirements
There are some necessary criteria your case must meet to file a lawsuit for medical malpractice. We can help you decide if your case meets these criteria, answering your legal questions and quickly responding to any calls or emails you send to us in Orlando.
You Had a Doctor-Patient Relationship with the Healthcare Practitioner
The healthcare practitioner must have owed you a duty of care. In other words, you had a doctor-patient relationship with a doctor, whether that was your primary care doctor or an emergency room doctor, or any other healthcare practitioner with a duty to care for and treat you.
The Doctor Was Negligent
You must be able to prove the doctor failed to follow the standard of care expected of other reasonable healthcare practitioners under similar circumstances. A medical expert may testify regarding whether the defendant followed the standard of care.
Medical Negligence Caused You Harm
The medical practitioner’s negligence must have caused or worsened your injuries or illness or otherwise caused you harm. If a doctor was negligent but it caused you no harm, then it may not qualify as medical malpractice. Evidence such as medical records, expert testimony, and more may help connect the defendant’s negligence to your injuries or illness.
You Suffered Damages as a Result of Your Injury or Illness
You must be able to prove you suffered damages as a result of the doctor’s negligence and your injuries or illness. Some examples of damages that may be recoverable in a medical malpractice case include:
- Medical bills
- Physical therapy expenses
- Lost wages
- Loss of earning potential
- Loss of other employment benefits
- Pain and suffering
- Emotional distress
- Loss of quality of life
Other damages may be recoverable as well depending on the details of your case. An attorney at our firm may be able to value your case and establish the various elements of medical malpractice.
File Your Medical Malpractice Lawsuit Within Florida’s Statute of Limitations
There is a limited time for a victim to file a medical malpractice lawsuit in Florida. According to the Florida Statutes regarding malpractice:
- An action must be filed within two years of the date of the incident; or
- A lawsuit must be filed within two years of the date the incident was discovered or should have been discovered.
However, you generally cannot file a lawsuit for medical malpractice more than four years after the incident, with some exceptions.
Call The Law Offices of Anidjar & Levine for a free consultation regarding your medical malpractice claim and to get started before the statute of limitations expires.
How Our Medical Malpractice Attorney May Be Able to Help
If you have a medical malpractice case, the legal team at The Law Offices of Anidjar & Levine may be able to help you in several ways, including:
- Handle all legal paperwork and processes – We can file your insurance claim or lawsuit and navigate the legal process for you so you can focus on getting better.
- Seek medical expertise – We may secure testimony from medical experts to establish that the defendant violated the standard of care and caused you harm.
- Help schedule appointments – Our team can help schedule appointments as they relate to your medical malpractice case.
- Calculate your damages – Damages include medical bills, lost wages, lost earning potential, and pain and suffering.
Call Anidjar & Levine About Your Medical Malpractice Case in Orlando
If you think you have a medical malpractice case, document all your treatment and doctor visits, keep your medical bills handy, and share any evidence with your medical malpractice attorney.
If we represent you, we can investigate the incident, retrieve important records, and work towards building a case that establishes the medical professional’s liability for your damages.
Call us for a free consultation to see if a medical malpractice lawyer at our firm can help.
We Can Help.