Medical malpractice is when a medical professional deviates from the accepted standards of practice and puts a patient in harm's way. When someone is injured or killed by the negligence of a health care provider, the victim and the victim’s family may pursue financial compensation by filing a medical malpractice lawsuit. Anyone considering filing a claim against a medical professional would be well-advised to call an experienced Miami personal injury attorney to discuss all the legal options available to them.Types of Medical Malpractice Causes
Patients put their health and well-being in the hands of doctors and hospital staff with hopes of getting better. Unfortunately, that is not always the outcome. Here are some of the most common ways by which medical negligence can occur.
- Misdiagnoses, Diagnostic Errors: The most common reason for a medical malpractice suit is misdiagnosis of a disease or health condition. Deciding what illnesses or injuries a patient has can be complicated but there is an expectation that a doctor should be able to know what is going on given his or her access to resources and information. When a doctor sees the symptoms, is provided adequate test results and still fails to properly diagnose an illness, the patient may hold the doctor liable for the resulting damages.
- Delayed Diagnosis: These types of suits are particularly common among cancer patients and their families. Early diagnosis of cancer greatly increases one's chances of survival. Failure to order a test or properly read a test can lead to a Florida medical malpractice suit.
- Surgical Errors: Even minor surgeries, when they go wrong, can result in serious injuries or death. When mistakes are made during a surgery, the surgeon and hospital may be held liable for the damages.
- Anesthesia Error: Putting someone under for a medical procedure is a complicated process. Giving a patient too much or too little anesthesia can have devastating effects.
- Medication Errors: It is the doctor’s responsibility to prescribe the right medication and to stay abreast of recent studies to ensure the medication is safe for the patient.
There are a few key elements of a successful medical malpractice case. The plaintiff will have to prove:
- A duty was owed by a medical professional or hospital
- The medical professional or hospital staff failed to act upon that duty
- This breach of duty led to an injury to the patient
- The injury to the patient led to the alleged damages
Hospitals cannot be held liable for all possible mistakes. A medical malpractice suit must arise out of a medical professional failing to meet reasonable expectations or standards of practice. Doctors and hospitals have medical malpractice insurance to cover these types of suits, but that does not mean they will not fight any and all charges against them. To ensure that your rights are protected, you may need the counsel and guidance of a reputed medical malpractice attorney.
The experienced medical malpractice attorneys at the law offices of Ruth E. Johnson protect the injured victims of Florida. We offer free case evaluations on all potential medical negligence claims. We have access to resources and experts needed to prove medical malpractice claims. Call us today to schedule your free consultation.