What Is A Medical Malpractice Claim?
A medical malpractice claim is brought against a healthcare provider who has acted negligently. That means the provider failed to provide the standard of care one would expect of a similarly qualified professional in that community, and that negligence caused the injured party to suffer damages.
Are Medical Malpractice Cases Only Against MDs, Or Can They Be Against Other Healthcare Professionals, Like Radiologists, Psychiatrists, Chiropractors, Etc.?
A medical malpractice case can be brought against any healthcare professional, as well as hospitals and the groups that hire the professional.
What Damages Can Be Awarded In A Medical Malpractice Case?
A person injured as a result of medical malpractice is entitled to recover economic damages and non-economic damages. Economic damages include past and future medical expenses necessary to correct or cure the wrong done, and they can include lost income or capacity to earn as a result of the injury inflicted. Non-economic damages are whatever a jury deems appropriate to compensate a victim of negligence for pain and suffering, mental anguish, and loss of capacity for the enjoyment of life. Non-economic damages are more difficult to calculate, but they are a function of how serious the injury is, how painful or permanent it is, and what the Plaintiff’s life expectancy is.
What Steps Should A Person Take If They Believe They Have Been A Victim Of Medical Malpractice?
First, it is important to gather all of your pertinent medical records. Second, you should consult with a similarly qualified healthcare professional to discuss your problem; and, you should do so without mentioning you are thinking of bringing a malpractice claim. Many doctors do not want to get involved in legal cases. But, the second opinion should help you understand if your feeling of being victimized is valid. Third, you should consult with an attorney as soon as possible. There are important steps that must be taken in order to bring a medical malpractice claim; and, if they are not timely and properly done, your case could be dismissed on a technicality.
Plus, there is a two-year statute of limitations on medical malpractice claims, so the sooner you consult with a lawyer, the better. Before bring a malpractice claim, your attorney must obtain an opinion from an expert who has stated under oath that the conduct of the healthcare professional was negligent, fell below the standard of care, and caused injury or damage to the Plaintiff.
If The Consent Form I Signed Prior To A Procedure Is Considered Valid, Can I Recover Any Damages In A Medical Malpractice Claim Against My Doctor?
In many cases, you may still recover damages, even if you have signed a waiver or consent form. The signed consent form will not protect the healthcare professional against negligent treatment or care. Plus, it will be ineffective if it does not clearly and adequately describe the potential risks of the procedure.
For more information on Medical Malpractice Claims In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 900-9575 today.