Medical malpractice occurs when a health care professional, doctor or hospital worker injures a patient due to negligence. The injury could have been caused by faulty treatment, a diagnosis error, ineffective health management, or poor aftercare. A person who suspects they are a victim should discuss their situation with an experienced lawyer.
Standard of Care
When a person in Tampa seeks treatment from a medical professional, they have a right to expect that the treatment they receive meets the industry’s standard for care. What this means is that treatment must be what a reasonable health care professional would provide under the same set of circumstances. If it can be shown that a patient did not receive care that meets medical industry standards, this could be grounds for a medical negligence lawsuit.
For a patient to have a case, he or she must have sustained a significant injury that can be directly linked to negligence. Medical experts must be willing to testify this is why a patient experienced injury or damage. Malpractice lawsuits in the medical field often seek compensation for chronic pain, past and future medical expenses, physical disability, loss of income, and paid and suffering.
Requirements for A Medical Malpractice Claim
- Existence of Medical Professional-Patient Relationship. There must be a medical professional-patient relationship between the parties involved in the case. What this means is that a medical professional must have offered treatment for a medical condition and the patient must have demonstrated a willingness to pay to receive this treatment.
- Negligence on Behalf of the Medical Professional. Just because a patient is unhappy with the results of their treatment doesn’t constitute negligence. Instead, negligence must be directly connected to a patient’s diagnosis or treatment. It must be proven that a medical professional caused harm in a situation where a competent medical professional, under the same circumstances, would not have provided the same diagnosis and/or treatment.
- The Claim Must Be Filed Within Statute of Limitations. In Florida, the statute of limitations is two years from discovering an injury, and four years from the time the negligence occurred. Should a victim not file a claim within the statute of limitations, they could lose their right to legal recourse.
Types of Medical Negligence
There are many different types of medical negligence that could result in a lawsuit, including:
- Failing to diagnose a medical condition
- Failing to properly examine symptoms
- Ignoring or misreading laboratory results
- Failing to order proper testing
- Surgical errors
It could also involve unnecessary surgery, poor aftercare, incorrect medication recommendations, and incorrect medication dosages.
Contact an Experienced Tampa Medical Malpractice Attorney
If you or a loved one has questions about medical malpractice, contact the experienced medical malpractice lawyers at Dennis A. Lopez & Associates. We understand medical malpractice and will fight tirelessly for your rights. We can be reached directly by calling (877) 333-3676.