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Doctors and medical professionals are meant to be trusted experts who provide care for us when we are sick or injured. In some cases, however, they are the cause of injuries and pain instead. In these circumstances, the patient may have a medical malpractice claim. Working with an experienced medical malpractice attorney can make the process easier and ensure that you get the compensation you deserve.
Medical professionals have a certain standard of care that they must meet when caring for their patients. They must strive to always provide safe, accurate, and professional care. Anytime they fail to reach that standard of care, it is considered medical malpractice. In the same way that there are many different types of medical care that can be provided, there are many ways that a doctor or medical practitioner can commit medical malpractice.
There are copious events and injuries that could constitute medical malpractice. Some of the most common types of medical malpractice cases are:
If an individual believes that they have a medical malpractice claim, then there are several things that they will need to prove to receive a settlement.
When a medical malpractice claim is filed in Florida, the burden of proof is on the injured party. This means that the individual who filed the claim must offer proof that their injury was directly caused by the doctor at fault. There are four primary things that must be proven in a medical malpractice case:
If all these things are proven, then the medical malpractice case is much more likely to be successful.
A statute of limitations means that there is a specific period of time when an individual is able to file any kind of claim against another person. The statute of limitations on medical malpractice in Florida is relatively strict. You must file a medical malpractice claim within two years of the time that you discovered an injury or within four years of the time that the injury took place. If your claim falls outside of that time frame, you will likely not be able to successfully file and argue a malpractice claim, regardless of any injury.
For a medical malpractice case in Florida, one of the things that must be proven is that a medical provider did not meet the standard of care. This means that the doctor you were seeing had an established relationship with you and had a duty to provide a certain level of care. In malpractice cases, the argument is made that the standard of care was not reached. If you can prove that the medical care you received was less than what you were owed, then you will have a stronger malpractice case.
There is no clear answer to this question. Legally, there are limitations on a medical malpractice settlement. Only certain types of damages can be limited, however. Non-economic damages, such as emotional distress or pain and suffering, are capped at $500,000 in most cases. Economic damages, such as lost wages or the cost of medical treatment, are not capped. If medical malpractice can be proven, then the settlement will match whatever the damages are.
Due to the strict laws surrounding medical malpractice and the statute of limitations in Florida, it is not possible to file a medical malpractice claim after 20 years. In most cases, the claim must be filed within two years of the injury occurring. If you were not able to discover the injury during that time, then the claim must be filed within four years of the injury. The only exception to this rule is if a medical provider purposefully conceals their negligence from a patient to avoid a malpractice claim.
Navigating medical malpractice claims can be difficult and overwhelming. A patient has been dealing with the aftermath of their injury and now must also deal with a legal battle. Working with an experienced medical malpractice attorney can make the process much easier and provide peace of mind to the client. If you believe you have a medical malpractice claim, contact the team at Spohrer Dodd for assistance.