As a society, we place a certain amount of trust in the medical professionals that oversee our health needs. Many doctors, nurses, surgeons, and other medical professionals do an excellent job in the medical field. Unfortunately, the health sector is not without its challenges. In some instances, patients sometimes find themselves on the other end of the spectrum. Instead of obtaining the care that is sought, they are harmed or injured by the same medical professionals sworn to provide an acceptable standard of care. In other words, a mistake or negligent action by a medical professional can result in malpractice.
Medical malpractice is a common occurrence in the United States. Thousands of Americans experience a form of medical malpractice every year. When a health care professional practitioner provides a service that does not conform with the accepted standard of care within the medical community, they run the risk of causing harm or injury to their patients. As such, if a patient is harmed or injured as a result of negligence or a failure to uphold the standard of care, they could bring forth a medical malpractice lawsuit and seek damages.
It is worth noting that medical malpractice lawsuits should be pursued with the expertise of a qualified medical malpractice attorney. These cases are complicated due to the laws and requirements a plaintiff must follow to effectively sue for malpractice. An experienced medical malpractice lawyer can properly assess your case and determine the best course of action.
In order to bring a medical malpractice lawsuit to fruition, the plaintiff must prove the following:
- A Doctor-Patient Relationship Existed: To show that there was a doctor-patient relationship, the plaintiff must have hired the medical professional to treat them or provide a service.
- The Medical Professional Was Negligent: To sue for malpractice, the plaintiff must be able to show that the health care practitioner caused harm that otherwise would not have occurred with another competent practitioner. A medical malpractice attorney can look at the case and establish whether the professional acted with reasonable skill and care. In many instances, a medical malpractice lawyer will consult with or recruit a medical expert to evaluate the standard of care.
- The Negligence Caused Harm Or Injury: The patient bringing a lawsuit must prove that the medical professional’s negligence caused them harm or injury. In a lot of cases, proving negligence is quite challenging. That is where the assistance of a medical malpractice attorney is invaluable. A skilled medical malpractice lawyer knows how to investigate their cases and bring to light the evidence that proves negligence.
- The Injury Resulted In Damages: If the plaintiff bringing the lawsuit did not suffer any harm or injury, they will not be able to sue for malpractice. It must be clear that the patient suffered from physical pain, mental anguish, loss of wages, high medical bills, and/or any other relevant damages.
Statute Of Limitation For Medical Malpractice In Florida
In Florida, a victim of medical malpractice has two years from the time they discovered the injury or four years from when the malpractice occurred to file a lawsuit. This is known as the statute of limitations for medical malpractice in Florida. Missing the deadline to file a medical malpractice lawsuit causes the victim to lose any chance of collecting compensation for damages. If, however, the medical professional in question knowingly or fraudulently conceals negligence, the statute of limitations for medical malpractice in Florida is two years from the discovery of the injury or seven years from when the negligence occurred.
At Gellar Tamayo, LLC, our medical malpractice attorneys are committed to helping individuals and families in Miami, FL and surrounding areas seek compensation for damages caused by medical malpractice. If you or a loved one is a victim of medical malpractice, contact our firm today for a personalized consultation.
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