If you suspect that you or a loved one has been a victim of medical negligence, you may be considering a medical malpractice lawsuit. Proving medical malpractice, however, can be a complex and demanding process.
At DWK Law, our Orlando medical malpractice lawyers specialize in helping clients navigate these challenges. This guide will outline the critical steps in proving medical malpractice, ensuring you understand how to proceed with your claim. Keep reading for more, then call (407) 244-3000 to schedule your free consultation.
Understanding medical malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in the medical community and causes injury to the patient. To prove that medical malpractice occurred, several key elements must be established.
Establishing the standard of care
The standard of care is defined as the level and type of care an ordinarily prudent healthcare professional with the same training and experience would provide under similar circumstances in the same community. Proving a breach of this standard is the cornerstone of any medical malpractice claim.
Demonstrating a breach of standard of care
Evidence is crucial in proving a breach occurred. This typically involves a very detailed review of medical records, including prescriptions, doctors’ notes, and surgical logs. Expert testimony from medical professionals who can attest to the deviations from standard practices is required to support the claim.
Expert testimony
Under Florida law, expert testimony is necessary to establish that the alleged act of malpractice deviated from accepted standards. This testimony usually comes from a healthcare provider practicing in the same specialty as the defendant.
Linking the breach to your injury
It is not enough to show that a healthcare provider made a mistake. To meet the requirements of a malpractice claim, you must also prove that this mistake was the “legal cause” of loss, injury or damage. There are different but specific definitions of “legal cause” under Florida law. It is important to retain an attorney who is familiar with the jury instructions associated with “legal cause” when evaluating a medical malpractice case because it can often be the difference between winning and losing your case.
Quantifying the damage
It is crucial to document the full extent of your injuries and other losses. This includes physical injuries, medical bills, past lost wages, loss of future earning capacity, and non-economic damages such as pain and suffering.
Examples of medical malpractice
- Heart attack misdiagnosis – A patient visits the ER with chest pain, but is misdiagnosed with indigestion and sent home. The patient later suffers a severe heart attack.
- Wrong-site surgery – A surgeon performs a knee replacement on the wrong knee, causing unnecessary pain and doubling the patient’s recovery time.
- Surgical instruments left inside patient – Postoperative X-rays reveal a scalpel was left inside a patient after abdominal surgery, requiring another surgery to remove it.
- Incorrect dosage – A pharmacist misreads a prescription and dispenses a dosage that is twice as strong as it should be, resulting in the patient’s hospitalization for an overdose.
- Wrong medication – A patient receives medication intended for another patient with a similar name, causing severe allergic reactions because the drug interacts with their existing medications.
- Overdose of anesthetic – An anesthesiologist administers too much anesthesia to a patient during surgery, resulting in prolonged recovery and significant brain injury.
Filing the lawsuit
In Florida, medical malpractice claims must be filed within two years from the time the incident is discovered or should have been discovered with due diligence. However, no claim can be filed more than four years from the date of the incident, except in cases involving fraud, concealment, or misrepresentation. This 4 year limitation period is called the statute of repose.
Notice of intent
Before you can file a lawsuit, Florida law requires you to send a notice of intent to sue to the potential defendant(s). There are very specific and technical statutory requirements that must be met when issuing a notice of intent. It is imperative you retain a Florida medical malpractice attorney who is familiar with the pre-suit statutory requirements because failure to comply may result in a dismissal of an otherwise meritorious case.
We’re here to help
At DWK Law, we understand the emotional and physical toll a potential medical malpractice case can take on individuals and their families. Our experienced team is dedicated to providing the highest level of service and expert legal representation to ensure that you receive the compensation and justice you deserve.
If you believe you have a medical malpractice case, do not hesitate to contact us for a thorough evaluation of your situation. We are here to help guide you through each step of this complex legal journey.
