Medical malpractice is defined as negligent treatment by a medical provider, including doctors, hospitals, nurses, chiropractors, therapists, or other medical practitioners. A medical provider who does not act in a manner that is considered the accepted standard of care in diagnosing or treating a condition can be held responsible for all damages that result, including pain and suffering, medical bills, loss of wages, or wrongful death.

A common misconception about medical negligence is that the responsibility falls solely on doctors. Conversely, any licensed medical practitioner can be found guilty of medical malpractice, including:

• Doctors
• Surgeons
• Nurses
• Assistants
• Hospitals
• Hospital Staff
• Dentists
• Anesthesiologists

Medical malpractice can occur in a variety of scenarios in which a medical professional makes a mistake or uses improper judgment. Common examples of medical malpractice cases include:

• Birth injuries
• Gynecological and obstetrical malpractice
• Surgical errors
• Emergency Room negligence
• Anesthesia errors
• Misdiagnosis or delayed diagnosis
• Failure to diagnose cancer
• Medication errors
• Brain injuries
• Patient neglect
• Failure to obtain necessary patient information

The first thing to note is that an adverse medical outcome does not immediately translate to medical malpractice. Even when a medical professional acts with the highest level of knowledge and care, things that are out of their control can go wrong. To demonstrate that you have a valid claim, the following elements are required:

1. A Doctor-Patient relationship was established, either by agreement or by treatment received.
2. A Duty or Standard of Care was established, stating the legal obligation of the medical professional to provide care that meets the accepted standard in the medical community.
3. A Breach of the Duty of Care occurred, meaning the professional did not uphold his obligation.
4. The Breach of Care was the primary cause of injury, proven by medical records and expert testimony.
5. The injury caused damages, whether it be medical expenses, pain and suffering, lost wages, or other effects.

No. Medical malpractice solely constitutes damages, such as injury, pain and suffering, or the need for further treatment. While it’s not comforting to learn that something could have gone wrong during a medical procedure, if the mistake was caught and corrected right away without harm, you do not have a valid medical malpractice case.

Yes, it is still possible to recover damages. A consent form does not allow a medical practitioner to act negligently. If you can establish that your doctor deviated from the applicable standard of care and that you were injured as a result, you may still receive compensation for your damages.

While medical malpractice cases do tend to go to trial more often than personal injury cases, a majority of medical malpractice cases settle before going to trial. According to the U.S. Bureau of Justice Statistics, around 93% of medical malpractice cases reach settlements before a verdict is reached at trial.

That’s impossible. A reputable personal injury attorney will not charge you for an initial consultation. Uptown Injury Law, PLLC  will give you a free consultation. If we decide to represent you, we will charge you on a contingency fee basis, which is usually 1/3 of the net recovery we obtain for you, whether from a settlement or from a jury. Since the initial consultation is free, why wait? Contact us today for a free consultation.

Uptown Injury Law, PLLC  has recovered millions of dollars for clients injured in automobile collisions and for other injuries to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of an automobile accident, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.

Before a doctor performs a medical procedure or treatment, he or she is required to advise the patient of the potential outcomes. This includes reasonably apparent negative consequences, such as side effects and complications. The communication of this information is known as “informed consent.”

If a doctor fails to communicate these outcomes, it could amount to medical malpractice if the patient suffers damages as a result of treatment that he or she wouldn’t have agreed to initially if the patient had been aware of all facts. Bear in mind that informed consent is not required in all treatment scenarios, such as when an unconscious patient is receiving emergency services.

There are two main types of damages victims of medical malpractice may be entitled to: compensatory and punitive. Compensatory damages, also known as monetary damages, are the most common form of damages in a personal injury claim.

Compensatory damages can include:

• Past, current, and future medical bills
• Costs of medical equipment
• Home healthcare expenses
• Lost wages
• Emotional duress
• Loss of future earnings potential
• Loss of enjoyment of life (Loss of Consortium)

Punitive damages are rare in medical malpractice cases but may be available if the medical professional in question acted intentionally or with particularly reckless behavior. These types of damages are awarded to punish the professional for gross negligence, or when the court feels as though they would be getting off lightly by only having to compensate the patient for the resulting injuries.

There is no minimum amount that a victim must be awarded in a medical malpractice case. However, a number of states have placed “caps” on the maximum amount of compensation a victim can be granted when it comes to non-economic damages, such as pain and suffering. Bear in mind these caps don’t typically apply to economic damages, such as lost wages, inability to return to work, or past and future medical care.

To file a claim under Florida law, victims of medical malpractice have two years from the date of the incident giving rise to the claim, or two years from the time the incident is or should have been discovered with the exercise of due diligence. If you believe you may be entitled to file a claim for medical negligence, time is of the essence.