1-855-722-2552Doctors are experts in their field, helping individuals identify, treat, and manage all sorts of health-related conditions. They are also human, and they may make mistakes that cause direct harm to their patients. But where is the line between a mistake and malpractice, and how do you know if you should file a medical malpractice claim?
Here’s what to know about medical malpractice in Florida, including common signs of medical malpractice and how to know if you have a malpractice case that is worth pursuing.
What is Medical Malpractice? Definition and Types
Medical malpractice is when a healthcare provider harms a patient due to negligent actions that fall below the accepted standard of care set out by federal law, state law, and healthcare organizations.
It is not only doctors who can be found liable for medical malpractice. Depending on the specifics of your case, you may have a valid claim of malpractice against a nurse, pharmacist, anesthesiologist, or other specialist. Medical malpractice claims can also be filed against group entities such as hospitals or pharmaceutical companies.
The most common type of medical malpractice in Florida is failure to diagnose, and it occurs when a healthcare professional does not diagnose (or incorrectly diagnoses) an issue that a standard, competent professional would have been able to identify. Other types of medical malpractice include:
- Delayed diagnoses
- Improper medical performance
- Birth injuries
- Anesthesia and surgical errors
- Medication errors
- Failure to treat
- Medical device errors
- Failure to warn of known risks
- Unnecessary surgeries
If you’re wondering, do I have a case for medical malpractice, the first thing you should do is talk to a skilled medical malpractice lawyer. Our team at Gordon & Partners in Florida can review your case for free and let you know your legal options, so contact us if you believe you or a loved one have been the victim of malpractice.
Florida Medical Malpractice Statistics
Nationwide, one in three healthcare providers will face a medical malpractice claim over the course of their career. That being said, it can be extremely difficult to prove medical negligence, and a majority of these cases do not result in a settlement for plaintiffs.
So, what does this look like on a state level? According to recent data:
- Florida has more medical malpractice claims filed than any other state
- The average payout for a Florida malpractice claim is $244,728
- 70% of successful Florida malpractice claims are made against physicians
There is no limit in Florida to how much an individual can be awarded in a malpractice case for things like past, current, and future medical bills or disability accommodations. However, state law does put a cap of $500,000 on payments for noneconomic damages such as pain and suffering, inconvenience, and emotional distress.
Signs of Medical Malpractice
The basics of how to know if you have a malpractice case start with understanding the signs of medical negligence.
Common signs of medical malpractice include:
- Unexplained complications – An injury or illness occurred after medical care was provided and was not discussed prior to its development or properly addressed afterward.
- Lack of informed consent – You were not provided with a complete overview of potential risks and benefits of a treatment prior to consenting to it.
- Lack of follow-up care – A healthcare provider failed to provide you with sufficient follow-up care after treatment or failed to take seriously a health complaint that you made.
- Treatment failure – Your condition stayed the same or worsened after treatment, which could be due to insufficient treatment or the application of the wrong treatment.
- Provider dismissiveness – Your healthcare provider ignored or otherwise failed to address concerns that you discussed with them.
- Understaffed facilities – Hospitals, clinics, and other healthcare facilities can be found negligent for failing to have enough professionals on the floor to meet the standard of care.
Keep in mind that just because you notice one or more of these signs does not necessarily mean you have a valid claim of medical negligence. Our attorneys are available to review your case at no charge and help you figure out what might have happened and what you should do next.
Do I Have a Medical Malpractice Case?
Under Florida law, you have two years after harm was discovered to file a claim of medical malpractice in most cases. That time can go by fast, so make sure that you speak with a qualified medical malpractice attorney as soon as possible if you believe that you have been the victim of medical negligence.
In order to file a successful claim of medical malpractice, you must be able to prove four things:
- The existence of an established patient-provider relationship
- A breach of duty by the provider, i.e., the provider gave services that fell below the standard of care
- You or your loved one experienced harm as a direct result of this breach of duty
- The existence of economic and/or noneconomic damages related to this harm
Proving a medical malpractice claim is quite difficult, and the bar is high for establishing that a provider acted below the standard of care and caused serious harm as a result. Medical records tend to be the most useful type of evidence, though an attorney may also rely on things like expert testimony to strengthen your case and hopefully secure you a settlement.
Get Support From Florida’s Top Medical Malpractice Attorneys
There is rarely anything simple or straightforward about medical malpractice claims. For this and other reasons, it is essential that you work with an attorney who understands the complexities of Florida’s medical malpractice laws and can fight tirelessly for your rights as a patient.
Our team at Gordon & Partners has recovered more than $1 Billion dollars in damages in personal injury claims against healthcare providers and other negligent parties. And because we work on a contingency fee basis, you won’t owe anything for our services unless you receive a settlement or jury award. We are committed to helping the victims of medical negligence. Contact us today for a free, no-obligation consultation with a Florida medical malpractice lawyer, and don’t waste any time when it comes to getting the compensation you may rightfully deserve.
