Physicians must go through a long and arduous process to earn their credentials and treat patients. Years of college, medical school, internships, service as residents, and passing a variety of exams and qualification boards constitute the training and preparation for treating patients. Medicine demands competence, skill, and deep knowledge. It is a discipline of healing and hope, of expertise and science.
People put their trust in doctors; they go to them when they are injured, ill, and at their most vulnerable. When you visit a physician, you expect to come away from the experience in much better shape than when you entered it. You certainly do not expect to be worse off, to suffer from additional complications and difficulties because of physician incompetence.
The Nature Of Medical Malpractice
Medical malpractice is not a crime in Florida—at least not by the legal definition of the word—but anyone who is a victim of it can sue for damages that result from it. Some of the actions that may form the basis of a medical malpractice suit include:
-Wrongful death due to medical negligence
-Incorrect treatment or failure to treat
-Harm to a patient or infant during birth
Under Florida law, any health care provider can be sued for medical malpractice. Doctors, nurses, hospitals, psychologists, psychiatrists, and clinics are all liable if they have failed to meet the standard of their profession.
Suing Your Health Care Provider
Suing a physician or health care provider whose carelessness has caused you additional suffering is the right thing to do. Not only should you do to see justice done; you should also do it to offset the costs incurred from having to get additional treatment—treatment that would not have been necessary if the professional you originally went to see had done their job.
All you have at the moment is an accusation and a decent amount of evidence that malpractice has taken place. You must still prove your case. In order to get compensation you must demonstrate that you have suffered some particular injury and that it is directly related to the failure of your health care provider to meet the standard of their profession. You must also establish a specific sum of money that you want to be given.
There is a statute of limitations for the filing of medical malpractice claims. It varies depending on when the injury or condition was discovered and on the age of the victim. If you discover the injury at the time the malpractice took place, you have two years in which to file suit. It you discover the injury later on, then you have two years from the time of your discover to file a claim.
Florida law caps non-economic damages—pain and suffering—at $500,000 per plaintiff. The limit is $150,000 for injuries that result from malpractice by Emergency Services workers.
The Importance Of Legal Representation
Hiring a lawyer can help you get the justice you deserve. The person who has caused you so much strain and stress, pain and suffering should not be allowed to go on as if nothing happened. They must be held accountable, and a lawyer who specializes in medical malpractice can give you the advice and representation you need to do so.
Obfuscation is one of the tricks that incompetent health care providers use to confuse and discourage their victims. They will try to throw technical words and high-sounding phrases as it you, in the hope that you will believe a bunch of jargon suffices for a sound explanation of why your procedure went wrong. You need not be taken in by such ploys. A medical malpractice lawyer speaks the language of medicine and will see through any attempt to bury negligence in a fog of medical terms.
A medical malpractice lawyer will also know how to gather the forensic evidence to prove the truth of your claim. They will know who to speak to in the hospital and the right questions to ask. They will be able to introduce outside expert witness testimony to counter any attempt on the part of the respondent to justify the result of their poor work and negligence.
The suit need not go to trial. Most medical malpractice claims are settled out of court. If your lawyer has gathered enough evidence against them, the provider who has injured you may want to negotiate a settlement. Working with the right attorney will ensure that you get compensation that is commensurate with all that you have had to suffer and endure.
Call us for a legal consultation today (954) 473-1500