When you seek treatment from a doctor or another type of medical professional, you have the right to assume that your care will be safe and effective, not harmful or potentially fatal.
When medical professionals fail to uphold their duty to provide safe, legal, and ethical care, you or a loved one can suffer significant injury or death.
Proving that a medical practitioner was negligent can be difficult, but with the Law Firm of Anidjar & Levine on your side, we can ensure your best possible chance of a favorable outcome. We protect your legal rights and help you hold the responsible party accountable for his or her actions. Call us today to set up a free consultation with a personal injury lawyer in Cape Coral.
What constitutes medical malpractice in Florida?
To understand malpractice in Florida, we must first define what medical practice is. According to a state statute, the practice of medicine includes diagnosing, treating, performing surgery on, or prescribing medication for pain, disease, injuries, and related physical and mental conditions.
Medical malpractice occurs when a doctor or other medical practitioner injures or kills a patient as a direct result of his or her negligence— either through treatment or a failure to take action.
Malpractice can take place in a doctor’s office, hospital, care facility, or any other location where you receive medical treatment. Doctors, surgeons, nurses, technicians, pharmacists, dentists, and anesthesiologists are some of the treatment professionals that can commit malpractice.
It is import to note that a doctor’s mistake does not automatically qualify as malpractice, even if someone dies as a result. To demonstrate medical malpractice, we must legally prove that the doctor was negligent in his or her actions and violated reasonable standards of care.
What are some examples of medical malpractice?
Malpractice can occur any time a medical practitioner treats a patient. Some of the most common occurrences of malpractice are:
- Errors in surgical procedures;
- Childbirth injuries and errors;
- Incorrect diagnoses;
- Unsanitary conditions;
- Performing surgery on an incorrect body part;
- Improper administration of medication or failing to medicate;
- Failure to advise patients of procedural risks;
- Failure to diagnose or a delayed diagnosis; and
- Failure to provide timely treatment.
Malpractice is not limited to the doctor’s office. In fact, practitioners may commit malpractice anywhere that a medical treatment professional renders direct patient care services. These areas may include:
- Surgery centers;
- Hospitals;
- Pharmacies;
- Emergency rooms;
- Intensive care units;
- Maternity wards;
- Urgent care facilities;
- Psychiatric practices;
- X-ray and imaging centers;
- Medical testing labs;
- Dentist offices and orthodontist practices;
- Nursing homes and care centers; and
- Emergency response units and ambulances.
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How do I prove I suffered an injury due to malpractice?
To establish your legal claim, our lawyers must demonstrate that you suffered an injury due to your doctor’s negligence. To do this, we will provide medical records from physicians who treated your malpractice-related injuries.
Medical malpractice can cause a wide variety of serious injuries. Patients may experience the loss of limb or organ, brain damage, a life-threatening reaction to medication, or even die as a result of their doctor’s failure to treat them within reasonable standards of care.
Many patients believe that signing a consent form absolves their doctor or surgeon of any malpractice risk. It does not. A consent form does not provide your doctor or surgeon with permission to harm you or release them from their duty to practice a reasonable standard of care.
What are reasonable standards of medical care?
To evaluate the merits of a medical malpractice case, the courts compare the doctor’s actions against a reasonable standard of care.
These standards consider what a doctor with similar education, experience, and training would do in the same situation. If your doctor did not act in the same way that another reasonably competent practitioner would have, he or she may have committed malpractice.
In the Florida statutes, medical malpractice laws help to ensure that every medical professional providing treatment services in Cape Coral meets the minimum requirements for safe practice.
To prevail in a malpractice claim, we must establish the reasonable standard of care in court, and then demonstrate how your doctor or care provider violated that standard.
How can I prove my doctor violated a reasonable standard of care?
We can show your doctor or caregiver violated the reasonable standard of care in their profession by seeking the testimony of a medical expert with a similar medical background. In fact, Florida law requires that all claims based on medical malpractice include written approval from a medical expert before we can file them.
We will reach out to our network of medical professionals to find an expert with the right skills and background for your claim. With this expert testimony, we will prove your doctor violated a reasonable standard of care in your case.
After securing expert testimony, we will notify your doctor that we intend to file a medical malpractice action against him or her. All medical practitioners have 90 days to respond with a fair settlement offer for your injuries.
What is my claim worth?
No two malpractice cases are alike. Consequently, we must look at the specifics of your case to determine the appropriate value for your damages.
Using your medical bills, care costs, lost wages, and receipts for related expenses, we can determine your injury-related expenses. To determine the long-term costs and losses related to your injury, we will also calculate your future medical care costs, future loss of income, pain and suffering, and loss of life enjoyment.
Let the Law Firm of Anidjar & Levine protect your rights.
You only have two years from the date you discovered your doctor’s error to file a medical malpractice suit. To preserve your rights and the important evidence in your case, contact the attorneys at the Law Firm of Anidjar & Levine as soon as you suspect your doctor of malpractice.
We will pursue compensation for your injuries. Call our office today at 800-747-3733 to schedule your complimentary case review and consultation.
