Understanding The Basics Of Florida Medical Malpractice Claims

Medical malpractice can be hard to define, complex to prove, and difficult to resolve in many situations. However, if you believe you have been victimized by medical negligence, it is important to understand what medical malpractice actually is. Any questions you may have about an encounter or event you experienced can be answered by a knowledgeable Florida medical malpractice attorney. Familiarity with the basics is also helpful.

Medical Malpractice and Duty Explained

Duty is the responsibility of your medical provider to meet a safe, reasonable standard of care. It is the obligation fo the provider to operate in a way that doesn’t put your health in danger and would be done by other providers in a similar situation. When a provider is negligent and doesn’t meet these basic standards and obligations, the result is a breach of duty on the part of the provider or practice.

Medical Malpractice Causation Explained

When examining a medical malpractice case the evidence of substandard care, you must first prove that the healthcare professional acted below the duty which is obligated by the professional to provide you. After it is established that substandard care was provided, it the only way to move forward is to link that substandard care directly with the injuries or harm you sustained. The poor care must be established to be the cause of your physical and/or emotional damages, and this explains why you are a victim of medical malpractice.

An example would be an individual who goes in for surgery and is operated on the incorrect body part. When this happens, there is clear negligence and causation on the part of the surgical team for damages to the patient. This would be a prime situation where a medical malpractice suit is applicable.

Additionally, it is not always the specific care administered which caused you injuries; it could be the lack of care for an illness that was not diagnosed properly or within a reasonable amount of time, given your circumstances. When you go to see a doctor and you are exhibiting very specific signs and symptoms of an illness or disease but the doctor fails to diagnose you correctly, you may sustain injuries from your disease or illness progression. When this happens, and if you did sustain injuries or harm because you weren’t diagnosed appropriately, this can also lead to an actionable medical malpractice suit. 

Florida Medical Malpractice Attorneys

There is substantial pain associated with medical malpractice cases. Individuals trust their healthcare providers and put their faith in their judgments and care. When you have been injured or sustained serious harm due to the negligence of your provider, you have rights that deserve to be protected. Victims of medical malpractice often sustain lifelong trauma and some may even lose their life.

The experienced Florida medical malpractice attorneys at Fulgencio Law serve the residents of Hillsboro County, Sarasota, Manatee, Pasco, Polk, and Pinellas. We will review your situation and provide you with advice, guidance, and feedback about if you can collect compensation and how strong your case is.

Under Florida’s statute of limitations, you only have three years from the date of the incident to file your claim, so it is important that you don’t wait to contact us. One of our Tampa personal injury lawyers is here to discuss your case. Call us today at (813) 463-0123 and set up a meeting with one of our Tampa personal injury attorneys at Fulgencio Law.