A shocking study revealed that medical errors are now the third-leading cause of death in America.
If you’re in Florida and nursing an injury because of a doctor’s negligence, you’re permitted to sue the hospital, doctor, and other medical specialists involved in the practice. However, you have to prove that you’re entitled to compensation. You also have a limited amount of time to file a medical malpractice lawsuit. So, here are a few things you need to know on how to sue a doctor in Florida.
What Is Medical Malpractice?
Medical malpractice transpires when a healthcare specialist administers a treatment that diverges from established standards of care within the medical association. As a result, this act causes harm to a patient.
Common Types of Medical Malpractices
Various circumstances can lead to a medical negligence claim. Here are some common medical malpractice examples:
A misdiagnosis can produce desolating impacts on a patient. Injuries such as permanent physical impairments, debilitating pain, and even death can arise from such misdiagnoses.
Patients can also experience severe side effects from undergoing medication for the wrong condition. A delayed diagnosis can lead to similar consequences, especially as the ailment advances.
The delivery of a child should be a joyful moment. Sadly, that’s not always the case. That’s because some doctors neglect to implement the correct childbirth process in hospitals. As a result, the delivered child can suffer from injuries such as brachial plexus palsy, Erb’s palsy, cerebral palsy, and more.
Hospitals need to assess prospective employees especially doctors. The assessment process should involve going through their certifications, education level, and more. Hence, if a hospital employs an under-qualified or inexperienced staff member, it may be accountable for any injuries caused by that doctor.
Hospitals are also accountable for employing enough staff so that patients undergo proper care. This also prevents employees from doing more than can be fairly demanded. If a hospital fails to meet these standards, they can be grounds for a malpractice lawsuit.
All types of anesthesia carry the danger of complications. If administered wrongly, the anesthesia can cause a patient to get injured. As a result, the medical expert may be accountable for the resulting injuries.
Emergency Room Errors
Emergency rooms are usually restless. However, medical experts undergo immense training to equip them to handle these stressful conditions. They are also trained to maintain a high standard of care whatsoever. Thus, if a doctor is negligent in the emergency room, they can cause serious, debilitating injuries.
Medical Device Errors
Medical equipment such as MRIs are used to diagnose diseases. Nevertheless, they can get misused and cause severe injuries. This can lead to a lawsuit.
Postoperative care regards the monitoring and consequent care that a patient undergoes after a surgery. This helps to prevent infections, monitors vital signs, and more to help in the healing process of the patient. If a doctor fails to administer proper postoperative care, they may be accountable for medical malpractice.
Basic Requirements for a Medical Malpractice Claim
To prove that medical malpractice transpired, you must be able to produce evidence. Consider the following requirements for medical malpractice claims:
Doctor Was Negligent
Simply because you’re unsatisfied with your medication does not grant you the right to sue a doctor for medical malpractice. Almost all states demand that the victim present a medical specialist to address the suitable medical standard of care. The specialist must be capable of proving that the physician induced harm in a way that a responsible physician, under the same conditions, would not have. Additionally, the care does not need to be the most reliable, but fairly experienced and careful.
Doctor’s Negligence Caused the Injury
Several malpractice lawsuits involve patients that were already injured or sick. As a result, many usually question whether what the doctor did, neglectful or not, truly caused the harm. Thus, victims are advised to prove it was undoubtedly the doctor’s incompetence that directly caused the injury. To achieve this, the victim must employ the services of a medical expert witness to testify that the doctor’s negligence caused the injury.
Injury Led to Specific Damages
Even if it is clear that the doctor acted below the required standards in their profession, the victim can’t file a malpractice lawsuit if they didn’t experience any harm. The victim’s required to determine the specific injury caused to them by the doctor’s malpractice.
Doctor-Patient Relationship Existed
Some negligence may occur because of personal relationships among medical personnel. The patient must prove that they had a doctor-patient relationship with the doctor you are suing.
Compensation for Medical Malpractice Claims
An injured patient can receive compensation for the injury induced by a neglectful medical professional or hospital. These compensations may include:
Loss of Earning Capacity
If you’re required to stop work to recuperate from your injury, you can receive compensation for the lost wages. You can also receive compensation for your diminished earning capacity.
Our malpractice lawyers can help you get compensated for various medical costs that might arise from treating your injury. These expenses may include prescription drugs, doctor visits, hospital stays, physical therapy, and more.
Loss of Consortium
This is the deprivation of the benefits of a family relationship. If one passes away, surviving kin can get compensated for the loss of their family member.
Pain and Suffering
A medical malpractice victim can receive compensation for any physical pain and emotional distress endured. This will cater to all future medical bills.
How to Sue a Doctor: Hire an Experienced Lawyer
It’s normal to feel powerless after experiencing a medical injury. Many victims find it hard to challenge healthcare providers after an incorrect procedure. A lot more don’t know how to sue a doctor.
If you need help filing for a medical malpractice lawsuit in Florida, look no further than Reed & Reed. We’re guaranteed to help you hold any neglectful medical expert answerable. Our malpractice lawyers are highly trained and offer the right legal counsel to help you maximize the damages you recover in court.
What are you waiting for? Contact us today for professional legal guidance.