When we visit medical professionals, we entrust them with our care. We expect to receive high-quality treatment as well. Yet, sometimes, mistakes take place that can cause significant injuries or even death.
If you have been a victim of medical malpractice, you may be able to file a claim to recover damages. Those damages could include compensation for pain and suffering, medical bills, lost wages, and more.
Proving Medical Malpractice?
Medical malpractice happens when a healthcare provider, such as a doctor or nurse, provides treatment that falls below the accepted standard of practice in the medical community. When you make a claim for medical malpractice, you will have to show that the healthcare professional acted with negligence. This will require that you prove the four elements of negligence: duty, breach, causation, and damages. Not every medical injury is equal to medical malpractice or negligence.
Our attorneys can help you analyze your circumstances to determine whether you will have a viable claim.
What Are Some Examples of Medical Malpractice?
If a healthcare provider committed a serious error that has harmed you, you might be able to file a medical malpractice claim. Some common types of medical malpractice are below.
Medical malpractice can cause significant and irreversible damage to both an infant and the mother. Common injuries that might affect a baby because of negligence include:
- Spinal cord injuries,
- Brain damage,
- Erb’s palsy, and
- Cerebral palsy.
A mother can also experience the detrimental consequences of medical negligence. Some injuries that a mother might suffer because of medical errors during childbirth involve:
- Excessive bleeding,
- Broken bones, and
If you or your child have suffered from any of the above injuries, contact us today. We can help you recoup the compensation that you need.
While a delayed diagnosis does not prove medical malpractice, it is a potential reason for filing a malpractice claim. Delays in finding a diagnosis for a patient can be the result of the following:
- A doctor not referring a patient to a specialist when they should;
- A doctor dismissing specific symptoms reported by a patient; or
- A provider losing or incorrectly conducting a patient’s lab work.
We can help investigate further. Once you receive a consultation, we will determine whether you have a claim for medical malpractice. We are here to fight for you throughout the entire process.
In a similar way, a misdiagnosis can also be medical malpractice. The following are a handful of reasons why a misdiagnosis may take place:
- A doctor notices unusual levels during a blood check but does not order more tests;
- The physician should have conducted alternative tests but did not do so; or
- The doctor should have asked specific questions but failed to do so.
The causes of a misdiagnosis or a delayed diagnosis can overlap. To show that there was negligence, you will need an attorney to help you prove each of its moving parts.
Reach out to us today for further information.
Prescription drug or medication errors can be immensely harmful. At James Horne Law, we can help you to hold your physician, nurse, or other medical providers accountable. Prescription drug errors can consist of the following:
- Improperly labeling the prescription,
- Giving the patient the wrong medication,
- Administering the incorrect dosage of medication,
- Failing to let the patient know about common side effects, and
- Prescribing the patient a medication they are allergic to.
Feel free to reach out to us if you have suffered harm because of this significant medical error. We have a medical malpractice lawyer in Parrish, FL, who is ready to advocate for your legal rights.
What Damages Are Available in a Medical Malpractice Case?
You could recover your lost wages through a medical malpractice claim. This can help you if you have been unable to go to work as a result of the incident. For example, the negligence of your doctor or provider may have caused you ongoing injuries or an illness.
This category of damages attempts to make you, as the plaintiff, “whole.” The idea is to put you back into the position you were in before your injuries.
Lost income, as well as medical expenses, are economic damages. They are easily quantifiable in comparison to non-economic damages. If you have ongoing medical costs because of your provider’s negligence, give us a call today.
Nothing can change the stressful nature of having to suffer because of someone else’s negligent acts. Nevertheless, we can help you to recover damages so that you can get back to your daily activities.
Pain and Suffering
This may be surprising, but you can potentially recover compensation for pain and suffering. It is a type of non-economic damages under Florida law.
Other non-economic, subjective damages you could recover compensation for include the following:
- Physical impairment,
- Mental anguish, and
Do not wait to get started filing your claim. Our compassionate attorneys will be here for you every step of the way.
What Is the Time Limit to File My Claim?
It is imperative that you remember to file your claim by the time limit. This deadline is also known as the statute of limitations, and it differs by claim and state.
For a medical malpractice claim in Florida, you will usually have two years from:
- The date the damage from the malpractice was discovered, or
- The date the damage from the malpractice should have been discovered.
This time limit can sometimes extend to four years or longer, according to Florida law.
Reach out to an experienced Parrish medical malpractice lawyer who can help you determine what time limit will apply. We can also help you see if there are any relevant exceptions.
How We Can Help You
If you have experienced injuries because of medical malpractice, we are ready to fight for you. Practice areas at James Horne Law include birth injury claims, wrong medication claims, misdiagnosis claims, and others.
James Horne is an AV-Preeminent rated aggressive litigation attorney. If it becomes necessary for you to go to court, we can help you achieve the results you are looking for.Contact us today for a consultation using our online form or by calling us at 941-210-6000.