About Medical Malpractice Lawsuits
Medical treatment and surgery often involve a degree of risk; and sometimes outcomes cannot be guaranteed. But when problems arise that are caused by medical negligence, medical errors, incompetence or medical malpractice, then corrective action is often appropriate. Often the action is not just to seek compensation for the injured party, but also to prevent the doctor, nurse, surgeon, hospital or other medical professional from causing further injury to other innocent parties.
Medical Malpractice Kills
An astonishing statistic is that more Americans die each year from medical errors, medical negligence and medical malpractice than from car accidents. Evidence indicates that only about one in 50 cases of medical malpractice are ever reported, which means that the statistics are a lot more alarming and frightening than we even know.
No one expects the medical profession to be infallible, but it is entirely appropriate to expect and receive a standard of care when we place ourselves in the hands of the medical profession. We want to - and should be able to-trust their level of knowledge, skill, and expertise. Indeed, it is why we seek medical care in the first place.
Failing to report a case of medical malpractice does not serve the medical profession nor the public. In fact, to the contrary, the more we know about surgical errors, medical mistakes, misdiagnoses and incompetent doctors, the safer health care becomes. Putting patients at risk by substandard medical care is something that needs to be stopped or eliminated at much as possible. Failure to act when you suspect that some form of malpractice might have taken place in your medical care only increases the risk for other patients.
Common instances of medical malpractice, medical errors, medical negligence or other substandard care include:
- Diagnosis errors, including failure to diagnose/late diagnosis/misdiagnosis
- Anesthesia errors
- Surgical errors
- Delay in treatment/wrong treatment
- Delay in starting medication or prescribing wrong medication
Important Questions
In evaluating whether a medical malpractice case might be worth pursuing, some important questions to consider include:
- Was there undue delay in diagnosis, treatment or surgery?
- Were there errors in diagnosis, treatment or surgery?
- Did the errors or delay ultimately affect the outcome of the illness, disease, condition or surgery? In other words, would the result have been different or better without the medical error? For example, did the failure to diagnose cause the patient to suffer irreversible health effects? Would earlier treatment have had a marked effect on the progress of the disease, the possibility of cure, the eventual outcome?
- Would a more skilled or competent health care professional have handled things differently and gotten a better result?
Time Is Of The Essence!
One of the most important things to know about medical malpractice cases is that there is a strict statute of limitations (time limit) on when you can file a case. In Florida, your medical malpractice case must be filed within a year from the date you knew or should have known you had a claim.
Medical Malpractice Challenges
It is true that medical malpractice cases can be challenging. There are areas of medicine that are not an exact science, so proving what should have been done differently is not always easy. Finding doctors who will testify against their colleagues can also be challenging, but there are health care professional who care more about the integrity of their profession and high standards of care than about camaraderie on the golf course and at medical conventions. An experienced medical malpractice lawyer has these resources available.
Experience Counts
When it comes to medical malpractice cases, experience counts. Medical malpractice cases and complicated and costly to try, and require resources, know-how and years of experience. The law firm of Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A. is nationally recognized as the fourth-winningest law firm in the United States. Our attorneys specialize in medical malpractice lawsuits, product liability and drug litigation cases.
For a free case evaluation, or for more information, call or email us today
888-435-7001
