Being the victim of a medical error can bring your life to a screeching halt. Without a second thought, we place blind faith in these trusted professionals to heal us. Most of the time, their professionalism and experience heal usm but sometimes things do go awry.
Understanding if you’ve been a victim of a medical mistake is the first step to being compensated for your injuries. Those who feel they’ve been harmed by a healthcare professional or entity should contact a lawyer and file a medical malpractice lawsuit.
What Is Medical Negligence?
Medical negligence shouldn’t be confused with having an unfavorable outcome from a medical treatment plan or procedure. This is sometimes an unfortunate result that is in no way caused by your doctor or medical professional. For medical negligence or malpractice to occur, three conditions must happen:
- Standard of care violation – Medical negligence is established if the standard of care expected wasn’t followed. This means if a doctor or entity strays from what other professionals would have done under similar circumstances, it’s considered medical negligence.
- An injury was directly caused by negligence – To file a claim of medical malpractice, it must be proven that the violation of the standard of care directly caused an injury or worsening of the medical condition.
- The injury caused significant damage – The patient must prove that their injury resulted in a disability, is responsible for a loss of income, or has caused unusual pain and suffering.
Types of Medical Negligence
Medical negligence can come in many different forms. Doctors, healthcare professionals, and even pharmacists aren’t immune from making mistakes. However, for these mishaps to be considered medical malpractice, they must have caused considerable harm to the patient.
Misdiagnosis
A misdiagnosis, one that causes the patient to suffer harm, is grounds for a medical malpractice lawsuit. Misdiagnosis occurs when a doctor fails to identify the cause of a patient’s illness or condition and provides a harm-causing treatment plan.
Equally as damaging is a delayed diagnosis. If a doctor fails to order tests or imaging scans that would help to accurately diagnose a condition by providing more information, this is a case of medical neglect. This sometimes happens when a patient is underinsured and the required tests aren’t covered.
Negligent Failure to Treat
Sometimes even a properly diagnosed patient’s condition becomes significantly worse if there isn’t a proper treatment or aftercare plan. Overcrowded hospitals and private physicians with far too many patients sometimes fail to provide the standard of care their patients have a right to. Patients could be discharged from hospitals too early or a negligent doctor could fail to refer a patient to a specialist.
Surgical Mistakes
Amongst some of the most tragic cases of medical malpractice are those that take place in the operating room. Surgical mistakes can easily change a patient’s life. Types of surgical mistakes can include:
- Performing the wrong medical procedure
- Damaging nerves, tissues or organs
- Amputation of an incorrect extremity
- Too little or too much anesthesia
- Leaving surgical devices inside the patient
Prescription or Dosing Errors
Medication errors can be the result of human error or a technological glitch. Failure to check a patient’s medical history to ensure they aren’t allergic to a medication or could have an adverse reaction to other medications they are currently prescribed can lead to a worsening of conditions or much worse.
What To Do if You’ve Been the Victim of Medical Negligence in Florida
The Florida Medical Malpractice Act gives patients the right to file a lawsuit against a medical professional or entity if they can prove that they received negligent care that caused them significant harm. Florida personal injury law can be difficult to navigate, and a lawsuit of this caliber should never be attempted without the guidance of an experienced medical malpractice attorney.
Working with an experienced lawyer is the best way to receive the maximum compensation for your injuries. Your legal team will help you to gather the required evidence to prove your case. This can be a time-consuming process, and Florida’s statute of limitation is a mere two years from the discovery of the negligence, so it’s key to speak to an attorney as quickly as possible.
Medical Negligence Consequences Explained
Few patients expect their healthcare professionals to do more harm than good, but unfortunately, medical negligence does happen. If you feel you’ve been harmed by a medical misdiagnosis, medication error, or an unfortunate surgical mistake, speak to an experienced medical malpractice lawyer.
