Similarities and Differences Between a Medical Malpractice and a Wrongful Death Lawsuit
If you’re not familiar with the specifics of Florida wrongful death suits and medical malpractice [&…
When you go to the doctor or take a loved one to the hospital, you put your trust in the doctors, nurses, and other medical professionals who serve you. That trust is critical since we rely on hospitals and other medical facilities for everything from antibiotics for an infection to life-saving surgery or cardiac intervention. Still, mistakes happen.
When you or a loved one has been harmed by medical negligence, you may have a medical malpractice claim. However, medical malpractice cases are complicated. The best source of information about whether you may have a claim is a Palatka personal injury attorney who has the knowledge and expertise to navigate medical malpractice claims.
When you hire a medical malpractice attorney at Harrell & Harrell, you get the benefit of an experienced team that is dedicated to getting the best possible outcome for you. We offer free consultations to help you make informed decisions and avoid mistakes that can hurt your case. To learn more, call (904) 251-1111 right now, or fill out our contact form.
Medical treatment isn’t always successful. In some cases, a doctor or facility can do everything right, but still get a bad outcome. That’s not malpractice. The burden is on the plaintiff to show that the medical provider was negligent. With one exception, Florida law specifically states that medical injury alone does not create a presumption that the provider was negligent.
Under Florida law, a medical provider is liable for medical malpractice if they failed to live up to the accepted standard of care for the circumstances and that failure caused harm. Proving that the doctor or other medical professional didn’t live up to the accepted standard of care in the profession requires an expert witness. Florida law sets forth the requirements for an expert witness who will testify with regard to the standard of care. The witness must be a licensed healthcare provider and must have reviewed the medical records. If the defendant is a specialist, there are additional requirements.
The compensation available in a medical malpractice case will depend on the damages you suffered. Some common types of compensation include:
An experienced Palatka medical malpractice lawyer is the best source of information about the specific damages that may be available in your case.
To properly treat any medical condition, a physician must first identify the problem. When a doctor fails to run the right tests, misses something in the test results, or otherwise fails to correctly diagnose a patient, they can’t adequately treat the patient. That delay in treatment can worsen health conditions, or even be fatal.
Delay in diagnosis or failure to diagnose is one reason a patient may not be properly treated. But, there are other reasons. For example, a medical facility might simply drop the ball and fail to schedule the patient for a follow-up appointment to discuss their diagnosis and start treatment. Or, the treating doctor may not be familiar with the accepted treatment for the condition.
Surgical errors can range from failure to sterilize instruments to use of a material the patient is allergic to all the way to operation on the wrong body part. One common surgical error–leaving a sponge or other foreign object in the body–is the exception to the “no presumption” rule. An object remaining in the body after surgery is considered prima facie evidence of negligence.
Birth injuries are among the most common medical malpractice claims. Some of the most common types of birth injuries include brachial plexus (nerve damage to the shoulder), injuries caused by improper use of forceps, brain bleeds and other injuries caused by vacuum delivery, and fractures.
Procedural errors can cause a wide variety of different types of medical injuries. For example, flawed procedures or failing to follow procedures for monitoring a patient after surgery can mean an urgent problem like a blood clot goes untreated. Or, failing to review discharge orders with the patient can mean that the patient overlooks something and their condition worsens.
Defective medical devices typically give rise to a product liability claim against the manufacturer or seller of the device. However, in some cases, a medical device case may also involve a physician or other medical professional. For example, a physician who chose a device they should have known was defective or otherwise unsuitable for the patient may be liable. And, a doctor who improperly installs a medical device may be liable for malpractice.
Nursing home residents are especially vulnerable and dependent on the facility and their medical providers. In addition to the general standard of medical care that applies in any medical malpractice case, there is a federal law that requires nursing homes to provide the highest level of care practicable.
Medication errors can be dangerous. Common errors include giving a patient a medication they are allergic to or that interacts with another medication they are taking, giving the patient the wrong medication for their condition, or providing the wrong dosage.
Any type of negligence may occur in a hospital emergency department. Because emergency rooms are often busy and the provider may not have a history with the patient, failure to diagnose, misdiagnosis, and other oversight-related mistakes are among the most common.
The appropriate level and type of monitoring depends on the patient’s condition and other factors. For example, a patient who is elderly or confused may need monitoring to ensure that they don’t attempt to get out of bed and hurt themselves. Post-surgical patients typically require monitoring for breathing issues and signs of blood clots.
If you’ve been injured by medical malpractice or have lost a loved one to negligent medical care, you should contact an experienced medical malpractice lawyer right away. To learn more, call the injury attorneys at Harrell and Harrell at (904) 251-1111 right now. Your malpractice attorney can assess your case, work with an expert to determine whether the standard of care was met, negotiate with the medical provider’s insurance carrier and, if necessary, fight for fair compensation at trial.
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The paralegal Beth Osburn was absolutely incredible. Her assistance, dedication, responsiveness, encouragement, and overall compassion helped me through an incredibly difficult time. I never believed I would need to consult an attorney and was somewhat negatively biased in my expectation of how that experience might be. However, based on my experience with Harrell and Harrell, I have recommended and will continue to recommend them to anyone put in the difficult situation of needing legal counsel/assistance.