Medical Malpractice Lawyer Serving Bradenton, FL
Being a medical provider comes with significant responsibilities. Medical professionals are rightfully expected to diagnose patients and proceed with the competence, skill, regard, and professionalism required to do a competent job. Unfortunately, medical providers make mistakes. And those mistakes can be costly. In fact, medical error is a public health crisis and one of the leading causes of injury and death in the United States.
When a medical professional makes a mistake that causes harm, and that mistake was a product of negligence or recklessness, it may amount to “medical malpractice.” The good news is that under Florida law, a victim can recover medical malpractice losses. The bad news is that medical malpractice litigation can be highly complicated. Luckily, having a skilled med-mal attorney in Bradenton on your side can make all the difference.
If a negligent medical provider or hospital hurts you, James Horne Law can help. AV-Preeminent rated, aggressive Bradenton med-mal lawyer James Horne never shies away from complicated cases. An award-winning attorney, James Horne has successfully represented clients from case inception through trial in state and federal court, winning millions of dollars in medical malpractice settlements. If you need a Bradenton medical malpractice attorney, James Horne can inform you of your rights and ensure you understand the legalities of your situation. He will fight to hold the negligent practitioner responsible, providing top-notch legal representation in your time of need. At James Horne Law, you can rest assured knowing our team believes that every case is unique and deserves our undivided attention.
What Is Medical Malpractice?
Generally, Medical malpractice is defined as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Florida law defines medical malpractice similarly and allows a victim to recover damages for death or personal injury if it results from a medical care provider’s negligence.
Essentially, medical malpractice is a legal cause of action that occurs when a medical professional’s negligent or reckless act toward a person—with whom they have a doctor-patient relationship—deviates from professional norms and causes the victim harm.
In most medical malpractice cases, negligence arises from an incorrect diagnosis or a failure to diagnose, improper treatment, surgery gone awry, botched aftercare, or health management errors.
However, not all errors amount to negligence. While finding an object like a sponge or forceps in the body after surgery will always be grounds for medical malpractice, a medical professional’s refusal to order additional tests probably isn’t negligence if the provider followed acceptable standards of care and acted in good faith in denying them.
How Do I Prove Medical Malpractice?
Not every failed surgery or ineffective treatment will result in a medical malpractice case. Doctors, nurses, hospitals, and other healthcare providers do, however, have a duty to ensure their patients receive proper care. For this reason, medical professionals are held to what is known as an “acceptable standard of care.”
This standard mandates that medical professionals act—or not fail to act—the same way another qualified provider would if they were treating a patient in the same or similar circumstances. When healthcare providers fail to uphold this acceptable standard of care and it causes harm, the provider may be held accountable for committing negligence.
To prove medical negligence, a victim must show the following:
- A formal relationship existed between the victim and the medical professional,
- The medical professional breached the accepted standard of care,
- The medical professional’s breach was the proximate cause of the victim’s injury, and
- The injury caused the victim damage resulting in losses.
It’s important to note that changes to Florida’s already complicated medical negligence laws have made it more difficult for victims to file claims. In most cases, victims must prove the medical provider’s actions significantly harmed them and that they sustained substantial medical expenses, lost time from work, and significant amounts of pain and suffering. They must also show that the medical professional received enough facts to provide them with reasonable care.
For instance, if the victim failed to notify the medical professional that they were taking a particular drug and that drug ended up adversely interacting with another prescription or procedure, the medical professional is likely not responsible for the victim’s reaction.
Victims may also need an expert witness to testify to the standard of care for the relevant medical field to bring a successful claim. Or they might have to engage other medical professionals to explain the nature of their injury, the victim’s long-term prognosis, and whether the victim will ever function normally again.
For all these reasons, working with an experienced medical malpractice lawyer near Bradenton, Florida, is crucial. An experienced lawyer with an astute understanding of Florida’s laws and the knowledge needed to find the right experts can advance your case and help ensure you receive the maximum settlement possible.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
With some exceptions, Florida’s statute of limitations limits the time one can file a medical malpractice claim. In Florida, a victim has two years from the date they discover the medical malpractice harm or two years from when they reasonably should have discovered the harm. Regardless, Florida has a hard four-year deadline. This means a victim cannot file a medical malpractice lawsuit in Florida if more than four years have passed since the actual date of injury.
Contact A Bradenton Medical Malpractice Lawyer
James Horne Law is committed to holding medical providers accountable for their medical negligence. Whether you settle or go to trial, if you need a medical malpractice advocate, 2022 Super Lawyer James Horne will do everything necessary to achieve maximum compensation. At James Horne Law, we understand how serious your case is and will take the time to understand every aspect of it so we can fight for the best possible result. Our team’s primary value is our commitment to our clients. Contact us today at 941-210-6000, and let us show you we mean business.