5 Signs You May Have a Medical Malpractice Case in Florida
Medical errors are the third leading cause of death in the United States. Each year, approximately 400,000 hospitalized patients experience some form of preventable harm due to miscalculations in physician judgment, misdiagnoses, incorrect prescriptions, or improper treatment intervention. Even more alarming, more than 200,000 patients die each year due to preventable medical errors.
When an individual is harmed or dies due to preventable medical errors, it is known as medical malpractice. Unfortunately, medical malpractice happens daily in hospitals, clinics, and other care settings and it can have devastating effects on patients and their families. In the state of Florida, as elsewhere in the United States, medical professionals are held to high standards of care. When these standards are not met and harm results, legal action may be warranted. Understanding what constitutes medical malpractice and recognizing the signs of a potential case are critical for those who may have been affected.
If you find yourself wondering, “Do I have a medical malpractice case?”, this article will help answer your question. However, the best thing you can do in this situation is to contact a Florida medical malpractice attorney immediately. At Avera & Smith, our experienced personal injury attorneys can evaluate your situation and help determine if you have a medical malpractice case.
What is medical malpractice?
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to provide care that meets the accepted standard within the medical community, resulting in harm to the patient. This deviation from the standard of care could manifest in several ways, including negligence, errors in diagnosis or treatment, lack of informed consent, or failure to properly monitor a patient.
In Florida, to prove medical malpractice, four key elements must be established:
- Duty of Care: The healthcare provider had a responsibility to provide care to the patient.
- Breach of Duty: The provider failed to meet the accepted standard of care.
- Causation: The breach of duty directly caused harm to the patient.
- Damages: The patient suffered injuries, whether physical, emotional, or financial, as a result of the negligence.
Due to the complexity of proving these elements, medical malpractice cases can be challenging and require substantial evidence, expert testimony, and legal expertise.
Five signs you may have a medical malpractice case in Florida
A recent study found that care providers in the United States make avoidable errors in 3% to 15% of all medical interventions. While misdiagnosis is the most common type of medical malpractice, prescription errors are also prevalent, with insulin and morphine reported as the two most error-prone medications. Of all physicians and care providers, surgeons are most likely to be sued for malpractice.
However, medical malpractice can occur in a variety of ways and situations. If you believe that you or a loved one is a victim of medical negligence in Florida, it’s important to understand what constitutes a valid medical malpractice case. Here are five signs that you may have a potential medical malpractice claim.
1. Deviation from standard of care
One of the foundational aspects of a medical malpractice case is whether the healthcare provider deviated from the accepted standard of care. The “standard of care” refers to the level and type of care that a reasonably competent healthcare professional with similar training would have provided under similar circumstances. If your doctor, nurse, or other medical professional failed to meet this standard and caused harm as a result, it could be grounds for a malpractice claim.
For instance, if a surgeon operates on the wrong part of the body or fails to diagnose a life-threatening condition that a competent professional should have caught, this might represent a deviation from the standard of care.
2. Injury directly resulting from medical negligence
Not every medical error qualifies as malpractice. To pursue a case, you must demonstrate that the negligence directly caused harm or injury. This injury could be a physical one, such as complications from a botched surgery, or it could be a worsening condition that should have been prevented through proper care.
For example, if a patient suffers from an infection due to unsanitary surgical instruments or receives the wrong medication that leads to serious side effects, this injury may be directly attributable to the healthcare provider’s negligence.
3. Failure to obtain informed consent
Healthcare providers in Florida are required to obtain informed consent from patients before performing any procedure or administering treatment. Informed consent means that the patient has been made aware of the risks, benefits, and alternatives to the proposed treatment and has agreed to proceed.
If a physician performs a procedure without adequately explaining the potential risks, and the patient experiences harm as a result, there may be grounds for a malpractice claim. For instance, if you were not informed of the risk of paralysis from a spinal surgery and subsequently suffer from paralysis, this may point to a failure to obtain informed consent.
4. Improper diagnosis or misdiagnosis
As previously mentioned, improper diagnosis or misdiagnosis is the most common form of medical malpractice. If a doctor fails to diagnose a condition that another competent doctor would have identified, and this failure leads to a progression of the disease or condition, you may have a valid malpractice case.
For instance, if a patient presents clear symptoms of cancer, and the doctor dismisses it as a benign issue, leading to delayed treatment and worsening of the disease, this could constitute medical malpractice. The key factor is whether another healthcare provider, under similar circumstances, would have made the correct diagnosis and treatment decision.
5. Permanent disability or long-term impact
While some medical errors are minor and recoverable, others lead to permanent disability, disfigurement, or long-term health impacts. If you’ve suffered significant life-altering injuries as a result of medical treatment, you may have a strong case for malpractice.
For example, if a surgery is performed incorrectly and leads to lifelong pain, limited mobility, or a significant change in quality of life, this could warrant legal action. These types of cases often involve large settlements and verdicts due to the long-term costs associated with the injury, such as ongoing medical treatment, rehabilitation, and loss of income.
Understanding the medical malpractice legal process in Florida
Florida has specific rules and regulations that govern medical malpractice claims. The statute of limitations for medical malpractice in Florida is generally two years from the date the injury was discovered. However, certain exceptions exist, particularly in cases involving minors or where fraud, concealment, or intentional misrepresentation is involved.
Additionally, Florida law requires that before filing a lawsuit, the patient (or their attorney) must notify the healthcare provider of the intent to file a malpractice claim. This pre-suit notification process includes an investigation period and can add complexity to the legal proceedings.
Do you have a medical malpractice case?
Determining whether you have a medical malpractice case in Florida can be a complex process, but recognizing the signs can help you take the first steps toward pursuing justice. If you believe you have experienced substandard care, an injury resulting from negligence, failure to obtain informed consent, misdiagnosis, or have suffered permanent damage due to medical errors, it’s critical to contact a qualified medical malpractice attorney immediately. They can help you navigate the legal system, gather necessary evidence, and fight for the compensation you deserve.
Trust the Florida medical malpractice attorneys at Avera & Smith
Call 800-654-4659 for a free consultation
At Avera & Smith, we understand that individuals who are victims of medical malpractice often feel betrayed, upset, and confused about what to do next. That’s why we make it a point to cultivate trust with our clients in this situation.
Our firm has been representing accident and medical malpractice victims throughout Florida for more than 70 years. We are one of the highest-regarded personal injury law firms in the state with jury verdicts that include two $34 million Engle Progeny verdicts against R.J. Reynolds Tobacco Company and a verdict for $8.95 million in a medical malpractice case.
Yet, while our results reflect our expertise and tenacity to fight for justice, our exceptional client care is what sets us apart. Our clients and their well-being are our top priority. We will be with you every step of the way, fighting to deliver the results you deserve. That way, you can focus on recovering from your injuries and moving forward in life.
Learn more about how Avera & Smith can help you with a free, no-obligation consultation with one of our experienced medical malpractice attorneys. To schedule your complimentary consultation, call 800-654-4659 or fill out our secure online form here.