Professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
M edical personnel who fail to provide the expected level of care, leading to an injury, illness or wrongful death could potentially be held liable for medical malpractice. All medical personnel are required to have extensive education and training before they can treat, diagnose, prescribe or give advice to a patient. Their choices and decisions are measured against what another physician or medical professional would have done in the same situation.
Physicians, surgeons, dentists, nurses, psychiatrists, and pharmacists can all be guilty of medical malpractice when they fail to properly care for or treat a patient. A caring and knowledgeable lawyer from our firm can provide you or a loved one with high quality legal representation if you have been injured by a doctor or other medical professional.
Medical malpractice can include cases of:
- Birth injuries
- Pediatric meningitis
- Misdiagnosis of cancer
- Failure to diagnose
- Radiation injuries
- Anesthesia errors
- Surgical errors
- Emergency room errors
- Suicide from dangerous drugs
Four elements that must be established for a successful claim:
Duty of Care: The first thing to be established is that the medical professional owed the plaintiff a duty of care, which is a legal obligation to adhere to a standard of reasonable care. In the cases of medical professionals, they usually have a duty of care as soon as they take someone on as a patient. This does not mean perfect care; it just means what is considered reasonable in the medical industry.
Breach of Duty: The second thing to be established is that the medical professional somehow breached this duty of care by not adhering to reasonable care. This could be anything from leaving tool in a patient or amputating the wrong legâ€”something that is clearly not what is expected. This is not just a bad medical outcome, but must have supporting evidence to show that a breach occurred.
Breach Caused Injury: Even proving that the medical professional breached their standard of care is not enough. They must also show that the breach of duty was a direct and proximate cause of the injury. If a medical professional breached their duty and no harm came from it, there'd be no case.
Damage: Finally, it must be proven that there are actual damages. For example, you have suffered from aggravated condition, have suffered organ damage, or even have lost a loved one.
We hold medical personnel to a higher standard because of the responsibility they hold. Their diagnoses and procedures should improve your health or condition - not cause a serious injury or illness. Injuries from medical malpractice can affect a victim for rest of their lives, with permanent physical damage. Our firm is knowledgable in medical malpractice claims in the Florida area.
Our firm can file a medical malpractice claim to assist you to recover compensation that addresses all the damages, both economic and non-economic.
To learn more about your rights and the type and amount of compensation you may be able to seek after the wrongful death of a loved one, schedule a free case evaluation with our personal injury attorneies today. Our attorneys are ready to help you make informed choices about your case.