When you trust your health and well-being to the hands of a medical practitioner, the last thing you might expect is to be treated with less than the acceptable standard of patient care. Unfortunately, many doctors and healthcare facilities breach their duties of care to patients. If you or a loved one has been injured by medical malpractice in Clearwater, Florida, contact Bailey & Glasser, LLP for a free case consultation. You may be entitled to financial compensation.
What Is the Definition of Medical Malpractice?
Medical malpractice is a type of tort, or civil wrongdoing, that occurs when a medical practitioner or health care facility falls short of the expected standards of care, resulting in harm or injury to a patient. It is an unacceptable type of professional negligence that can result in serious patient injuries, including amputations, brain damage, permanent disability, and death.
A medical malpractice claim is a civil lawsuit that may be filed by an injured patient or the victim’s family against a negligent healthcare provider. It is a claim brought in pursuit of financial compensation for the plaintiff’s related losses. A successful claim could result in compensation being paid for medical expenses, lost wages, pain and suffering, and more.
What Are Examples of Medical Malpractice?
Medical malpractice is a broad practice area that can involve many specific examples of a healthcare practitioner’s negligence or failure to meet the required standards of care. Any lapse in judgment or violation of medical protocol could constitute malpractice.
Some examples of medical malpractice include:
- Diagnostic errors, such as misdiagnosis or failure to diagnose
- Misinterpretation of a patient’s test results
- Failure to refer a patient to a specialist
- Prescribing the wrong medication or dosage
- Making grave surgical errors, such as wrong-site or wrong-patient surgery
- Anesthesia or intubation errors
- Failure to treat a patient
- Birth injuries caused by negligence during childbirth
- Infections caused by unsanitary tools or practices
- Defective medical products causing injuries or death
This is not a comprehensive list of every possible form of medical malpractice. To find out if you have grounds for a medical malpractice claim in Clearwater, consult with an attorney at Bailey & Glasser, LLP for a personalized case review.
What Is Florida’s Statute of Limitations on a Medical Malpractice Claim?
You must act quickly to pursue damages for medical malpractice. In Florida, the statute of limitations or deadline for filing is two years from the date that you discovered or reasonably should have discovered your injury. At the latest, you have four years from the date that the malpractice occurred. This is known as the statute of repose. If you miss your deadline to file, you will most likely forfeit the right to seek financial compensation from a negligent healthcare practitioner.
How Do You Prove Medical Malpractice?
A medical malpractice claim must be established based on a preponderance of the evidence. This burden of proof rests with the plaintiff or filing party and requires enough evidence to show that the defendant is more likely than not to have committed the act in question.
The key elements needed to prove a medical malpractice case are: 1) a doctor-patient relationship existed, 2) the doctor violated the required standards of patient care, 3) the doctor’s act or omission caused the injury or illness, and 4) the patient suffered compensable losses as a result. Our law firm can help you collect evidence to establish your medical malpractice claim.
Contact Us Today
Medical malpractice is one of the most complicated areas of personal injury law. The best way to protect your rights as an injured victim or family member is by hiring a medical malpractice lawyer to represent you as soon as possible. Contact the team of attorneys at Bailey & Glasser, LLP to request a free consultation about a potential claim. We will listen to your story and give you honest legal counsel on how to move forward. Call our Florida law office location at (727) 894-6745 or contact us online for more information.
Beyond handling medical malpractice cases, Bailey & Glasser, LLP also offers legal expertise in cases involving dog bites, truck accidents, and wrongful death. Our skilled attorneys utilize their comprehensive understanding of the law to ensure that victims of these unfortunate incidents receive the justice they deserve. Whether you’ve been harmed by a negligent pet owner, experienced a devastating truck accident, or lost a loved one due to wrongful death, our team is here to help guide you through the legal process and fight for your rights.