The medical profession is among the most respected and trusted in our society. When doctors and medical professionals are able to provide high-quality care and treatment to their patients, they help ensure that those patients receive the best possible treatment.
Medical malpractice law is designed to protect patients who suffer from medical mistakes or negligence. If a doctor negligently or carelessly performs a medical procedure, or if a hospital fails to properly supervise its staff, these situations can put patients at risk.
Medical negligence is a serious risk to patients, and every effort should be made to prevent it from happening again. That’s why it’s important to understand how medical malpractice law works in our state of Florida.
What Is Medical Malpractice?
Medical malpractice is the negligent or wrongful act or omission of a doctor, nurse, or another medical professional. Medical malpractice occurs when a doctor performs a procedure incorrectly or skips important safety precautions.
If the patient’s condition or health is harmed because of this negligence or mistake, the doctor may be held liable for medical malpractice.
The exact definition of medical malpractice depends on the state. In Florida, medical malpractice is when a doctor performs a medical procedure, prescribes or recommends a medical procedure, or performs an examination that causes physical or emotional harm to a patient.
Who Is Eligible for Medical Malpractice Claim in Florida?
Any patient who has been the victim of medical malpractice can file a medical malpractice claim in Florida. This could be the patient who received a botched surgical procedure or an incorrect diagnosis. Alternatively, it could be the patient who contracted a serious or fatal illness as a result of medical negligence.
The patient who has been injured by medical malpractice can file a medical malpractice claim in Florida. Negligence must be shown to have been present when the patient suffered an injury.
Your medical malpractice law firm will collect evidence, records, interviews, and other pieces of material to help build your case. It’s important to seek legal counsel as soon as possible following your injury. The more time you give your attorneys to work on your case, the more time they have to build a lawsuit in your favor.
How to File a Medical Malpractice Claim in Florida
If you or a loved one has been injured by medical malpractice, you should file a medical malpractice claim in Florida. This can be done in a couple of ways:
Filing the Medical Malpractice Claim: After determining that you or a loved one has been injured by medical malpractice, you should fill out the medical malpractice claim form. This form needs to be filed with the Florida Health Medical Quality Assurance Board.
Filing the Medical Malpractice Lawsuit: If you do not wish to file the medical malpractice claim on your own, you can hire a medical malpractice law firm to file the lawsuit on your behalf. This is preferable, as taking on the medical establishment on your own is destined for defeat.
Different Types of Medical Malpractice
Medical malpractice can occur in a variety of situations, but the most common types of medical malpractice include:
Negligent Diagnosis: If a doctor fails to properly diagnose a patient, or if he or she misdiagnoses a condition, that person can become liable for medical malpractice. If a doctor fails to perform a screening test that would have revealed a condition that would have prevented the patient from undergoing a medical procedure, the doctor can be held liable.
Negligent Treatment: If a doctor fails to prescribe the proper medication, or if he or she misuses a medication, the patient can become injured as a result. Doctors who fail to follow guidelines when prescribing medication can be held liable for medical malpractice.
Wrongful Death: If a patient dies after receiving medical treatment, the doctor who caused his or her death can be charged with medical malpractice. In some cases, a doctor who causes a patient’s death may be held liable for wrongful death.
Defective Medical Devices: Medical devices, such as surgical tools and surgical instruments, can cause serious injuries or death. Some defective medical devices, such as blood pressure cuffs, defibrillators, and anesthesia machines, can cause injury or death if the equipment is not maintained properly. If a medical device is defective, the patient can file a medical malpractice lawsuit claiming damages in wrongful death or medical negligence lawsuit.
Medical Negligence: Medical negligence refers to situations in which a doctor fails to follow guidelines but does not intentionally cause harm. If a doctor’s negligence causes injury to a patient, that doctor may be liable for medical malpractice. For example, if a doctor’s negligence causes a patient to suffer an infection, the doctor can be held liable for medical malpractice.
Hire a Medical Malpractice Law Firm with Experience
Unfortunately, medical malpractice is something that all patients in Florida need to be aware of—and every other state for that matter. If you are a victim of medical negligence, it’s important to take the appropriate action for the betterment of your future.
Here at the Doctor Lawyer Firm, we are committed to providing our clients with the highest standard of legal representation. To protect your rights, please give us a call at 1-833-MedMals or complete our contact form.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.