Medical care is generally safe when practitioners are caring and competent professionals. When doctors and other medical staff fail to exhibit the minimum standards of care and competency, however, it can lead to injury, disability, or death. This constitutes medical malpractice.
Proving medical negligence can present a challenge, based on the complexity of the governing statutes and the subjective nature of the crime. If you suffered injury after the negligent actions of your doctor, you need to speak with a Naples medical malpractice lawyer today. At the Law Firm of Anidjar & Levine, we will use our understanding of the law to get you the compensation you need to recover. Contact us at 800-747-3733.
What is medical malpractice?
According to Florida state law, malpractice occurs when a doctor, surgeon, or another medical practitioner is negligent in the course of providing care and a patient suffers an injury or dies as a result. To qualify as malpractice, the patient’s injuries must result directly from the doctor’s negligence, either through their actions or the failure to act.
If a physician or other practitioner makes a mistake in treating a patient, those actions do not automatically constitute malpractice. The practitioner must have acted negligently.
Malpractice may occur in any area of medicine that diagnoses, treats, performs surgery for, or issues prescriptions for a physical or mental condition. This form of negligence is not limited to doctors and surgeons, either. Nurses, anesthesiologists, pharmacists, technicians, dentists, and caregivers may also be liable for their negligence.
We can help you understand if your case fits this description of medical malpractice. Contact us for a free case evaluation.
How does the medical standard of care influence malpractice?
In any legal matter involving negligence, the court uses a reasonable standard of care against which to evaluate the defendant’s actions.
That standard reflects what a reasonably competent medical professional with a similar background and experience would do in a similar situation. In other words, did the medical professional in question conduct themselves differently than another qualified practitioner would have?
If so, we may be able to prove your malpractice case has merit. However, if the doctor did meet reasonable standards of care in your case, malpractice may not have occurred— even if you suffered some kind of harm or injury.
What are the most common types of medical malpractice?
Medical malpractice can take many forms, but some of the most common types include:
- Failure to correctly diagnose a patient;
- Incorrect dosage or administration of medications;
- Failure to follow sanitary standards;
- Surgery performed on the wrong limb or organ;
- Delay or failure in providing diagnosis or treatment;
- Failure to adequately advise patient of treatment risks; and
- Surgical or childbirth errors.
It is important to remember that medical malpractice can occur in any situation where a practitioner renders care. If your particular situation does not fit one of these common forms of malpractice, contact our lawyers today. If you suffered at the hands of a medical practitioner, we may still be able to make a case for malpractice.
What types of injuries can occur from medical malpractice?
Victims of medical malpractice often experience life-threatening surgical complications, brain damage, adverse reactions to medications, organ damage, or the loss of an extremity.
Additional surgeries may be necessary if the surgeon made an error or left a piece of medical equipment inside the body cavity. In childbirth, medical errors may lead to the death of the mother, the baby, or both, or the baby may have birth defects.
In a care setting, negligence can lead to deadly infections and broken bones among a highly vulnerable population.
In the most extreme cases of malpractice, a patient may die as the result of a missed or incorrect diagnosis or from a grievous error made in the operating room.
Even if you signed a consent form prior to surgery or another type of treatment, you retain the legal right to pursue a malpractice claim. Consent forms indicate your acknowledgment of known risks associated with the procedure, but they do not absolve any member of your treatment team of negligence.
How can an attorney prove medical malpractice?
To prevail in court, our attorneys must prove that your injuries occurred because the doctor failed to use a reasonable standard of care in your treatment. In order to establish fault in your case, we will prove your doctor acted with negligence by showing the following:
- The doctor or practitioner owed you a duty of care throughout the course of your treatment;
- The doctor’s actions—or lack thereof—breached the duty of care;
- As a direct result of the doctor’s beach of duty, you suffered an injury; and
- Your injury resulted in actual, demonstrable damages.
Our lawyers have a strong knowledge of Florida’s medical malpractice statutes and can draw on our wealth of professional resources to make your case. We will collect evidence proving your doctor failed to act within a reasonable standard of care during the course of your treatment.
We can typically prove this through testimony from one or more experts in the medical field. The expert witness will provide testimony regarding the accepted standards of care that are appropriate in cases similar to yours and address how your care deviated from that standard.
What type of malpractice compensation can I purse?
If you have been the victim of medical malpractice, you may face a longer, more complex recovery process, potentially including short- or long-term disability. You may be unable to work or care for yourself or your family. You may need additional treatment, rehab, or ongoing care. Many patients face a shortened lifespan or a pessimistic prognosis in the case of serious medical errors. Depression and anxiety are also common for victims of malpractice, particularly for those facing serious or long-term damages.
You may purse compensation from individual practitioners, private medical practices, hospitals, surgery centers, and any individual or entity that contributed to your negligent care to pay for the damages you endured.
Although every malpractice case is unique, you can purse compensation for current and future medical bills, lost wages, loss of future income, pain and suffering, and related damages. If your loved one died as a result of negligent medical care, you may be able to seek wrongful death compensation. Our medical malpractice attorneys can prepare the necessary documentation to support your claim.
It is important to act quickly, though. Florida law requires that you file medical malpractice lawsuits within two years from the date of discovery. The sooner you contact us, the better your chances of protecting your rights under the law.
How can I contact a lawyer to assist my case?
At the Law Firm of Anidjar & Levine, we fight for your right to compensation after the damaging effects of medical malpractice. We work hard to make sure you receive what you need to begin the recovery process. Contact our office today at 800-747-3733 for complimentary consultation and case review.