As a patient, you trust your doctors and other healthcare providers to do what is in your best interest. Medical practitioners have a legal and ethical obligation to adhere to certain standards of care and to not harm their patients. Unfortunately, many physicians breach the standards of care and injure or even kill victims.
If you or a loved one has been injured by medical malpractice, contact Bailey & Glasser, LLP to discuss a potential claim with a St. Petersburg plaintiff’s attorney. Our medical malpractice lawyers will stand by your side through every phase of the recovery process to advocate for your rights. Contact us today for a free case evaluation.
Why You Need a Medical Malpractice Attorney
At Bailey & Glasser, LLP, our medical malpractice attorneys have a deep understanding of the complex laws governing this practice area. We have connections to resources that can help you build a case, including qualified medical experts to testify on your behalf. Our law firm can conduct an investigation of the incident, gather evidence and work with experts in the field to determine the full extent of your damages.
From there, we will negotiate aggressively with an insurance company or take your case to trial, if necessary, to pursue the best possible outcome. We understand the challenges and emotional distress that come with medical malpractice cases. Our lawyers provide personalized attention to our clients and will make sure you understand your legal rights and options. You won’t be left in the dark about the status of your case.
What Is Medical Malpractice?
Medical malpractice refers to a health care provider (such as a doctor, nurse, surgeon, dentist, or hospital) failing to provide the appropriate level of care to a patient, resulting in harm or injury. It is a tort, or wrongdoing, that can give the injured patient the right to pursue financial compensation through a civil lawsuit in Florida.
To establish medical malpractice, the injured party (plaintiff) must prove the following elements are more likely to be true than not true:
- A doctor-patient relationship existed at the time of the incident, establishing a standard of care.
- The doctor or defendant breached or failed to meet the required standards of care.
- The defendant’s breach of duty resulted in harm or injury suffered by the patient.
- The patient experienced real, compensable losses due to the malpractice, such as medical bills or lost wages.
If you or a loved one suffered harm due to medical malpractice as a patient, you may be entitled to financial compensation from the doctor or health care facility. Medical malpractice is a complex area of personal injury law that requires extensive knowledge of the legal system. Hiring an attorney can make it easier to navigate a claim and pursue the compensation that you deserve.
Common Examples of Medical Malpractice
There are many different types of medical malpractice involving various mistakes and errors in judgment made by healthcare providers. Medical practitioners have a long list of responsibilities they must comply with to provide adequate patient care. If you or someone you love was injured by any type of negligence, carelessness, or recklessness by a doctor or hospital, you may be eligible for financial compensation.
Examples of medical malpractice include:
- Misdiagnosis: a health care provider’s negligent failure to correctly and promptly diagnose a patient’s condition, potentially leading to a failure to treat or unnecessary treatments.
- Surgical errors: mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient’s body.
- Anesthesia errors: errors in administering anesthesia prior to a procedure, such as an overdose or failure to monitor the patient’s vital signs.
- Medication errors: prescribing the wrong medication, the wrong dosage, or administering a drug improperly. These errors can lead to overdoses, underdoses, and adverse drug interactions.
- Birth injuries: improper birthing techniques, failure to monitor fetal vital signs or other mistakes that injure the mother and/or child before, during, or after childbirth.
Medical negligence and medical malpractice are often used interchangeably. However, negligence refers to the accidental failure to use the correct standards of care while malpractice means a doctor knowingly breached the duty of care despite foreseeable harm. With either type of tort, an injured patient may have grounds to file a personal injury lawsuit.
It is often possible to hold a hospital vicariously liable, or financially responsible, for medical malpractice. Hospitals can be held accountable for the actions of their employees. If you bring a successful medical malpractice claim, you and your family could recover financial compensation from the hospital or an individual doctor for several past and future losses.
The compensation, or damages, available may include:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Attorney’s fees
The value of your case will depend on factors such as the seriousness of your injuries, how much the incident has impacted your life, the party or parties you can hold responsible, and the insurance coverage available. Our attorneys can evaluate your claim and help you pursue maximum financial compensation for your losses.
What Is the Time Limit to File a Medical Malpractice Claim in Florida?
Under Florida law, a plaintiff has no more than two years from the date of the act of medical malpractice to file a lawsuit, with some exceptions. If you do not discover the injury or illness right away, you have four years from the date of reasonable discovery. In general, if a claim is not brought before this deadline passes, the injured patient or surviving family members will lose the right to recover compensation. This is why it is important to contact a medical malpractice attorney as soon as possible.
Contact a St. Petersburg Medical Malpractice Attorney Today
Medical malpractice is a serious act of wrongdoing that can lead to a financial recovery for the patient or his or her family. At Bailey & Glasser, LLP, our attorneys understand the nuances of these cases and are passionate about protecting the rights of injured patients. Aside from medical malpractice cases, we also handle cases related to birth injuries, dog bites, and other kinds of personal injury cases in St. Petersburg.
Find out how we can help you during a free case consultation. Contact us online or call (727) 894-6745 today to request an evaluation. Our St. Petersburg law office is located at 360 Central Avenue Ste. 1450, St. Petersburg, FL 33701.