What to do if You’re a Victim of Medical Malpractice

March 22, 21

What to do if You’re a Victim of Medical Malpractice


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At A to Z Injury Law, we have seen many cases of medical malpractice. In fact, our firm has recovered around $2,350,000.00 in medical malpractice cases. Sadly, medical malpractice is not an uncommon occurrence. 

Johns Hopkins University conducted an eight-year study and found approximately 250,000 counts of medical malpractice each year. Misdiagnosis, delayed diagnosis, and failure to diagnose are the most common causes. 

Medical malpractice should always be taken seriously, as it can lead to mild to severe injuries, and even wrongful death. It occurs far too often in the U.S. 

 

What is Medical Malpractice? 

This is when a medical professional fails to do his or her duties adequately, and as a result, has caused harm, injury, or death to the patient. A medical malpractice lawsuit is among the most challenging of personal injury cases, so it’s important you have everything necessary to move forward with the litigation. 

 

Establishing Proof 

To show proof of medical malpractice, you must be able to prove that there was a relationship between you and the medical professional you are suing. As long as you hired the medical professional to treat your condition, this will be easy to prove. 

Next, you need to prove that the medical professional was negligent. If the doctor’s medical care was not within the “standard of care” protocols, and you were harmed as a result, you need to be able to prove this. In some cases, another medical professional can testify and explain how your doctor or nurse didn’t follow the accepted protocols. 

Additionally, you will need to prove that the doctor’s negligence caused harm or injury or wrongful death of a loved one. There are cases where medical professionals were negligent, but negligence may not have caused the patient’s injury or death. 

For example, if a patient was admitted for a life-threatening condition, that condition may have resulted in the patient’s death. You must prove that, not only was the medical professional negligent, but his or her negligence was a direct cause of the patient’s suffering. 

As you can see, it is a very tedious and long process, but necessary if you believe you or a loved one has been a victim of medical malpractice. You may be awarded damages for financial loss, as well as pain and suffering. 

 

Examples of Negligence

Even if you know the doctor did not follow the “standard of care” protocols, you cannot sue for medical malpractice unless you or a loved one has suffered as a result. You can sue for the following forms of negligence:

  • The doctor performed unnecessary surgeries or procedures, which resulted in additional medical expenses, pain, mental anguish, etc.
  • The doctor misread laboratory results, which resulted in the patient experiencing physical pain, mental anguish, etc. 
  • There was a surgical error, which resulted in pain, anguish, kept the patient from returning to work, etc. 
  • The doctor failed to recognize symptoms or misdiagnosed a condition, which resulted in physical pain, mental anguish, etc. 

 

Contact a Lawyer First 

Don’t contact the hospital when you suspect medical malpractice. Do not leave a review about the medical facility or talk about it on social media or online forums. You don’t want to risk the chance of it being used against you in court. The first thing you should do is contact a lawyer who specializes in medical malpractice law, like the personal injury attorneys here at A to Z Injury Law. 

Your lawyer will help you file your suit correctly, and quickly. Promptness is crucial to stay within the Statute of Limitation. The timeframe to bring a lawsuit varies depending on the state but often doesn’t give the patient much time to gather their evidence to move forward. In Florida, the statute of limitations for medical malpractice is two years from when the patient should have known when a medical professional’s negligence resulted in an injury. Because of this, your first step should be to call a lawyer. 

We Can Help

If you feel like you are a victim of medical malpractice, call the office of A to Z Injury Law today at (305)889-7964. We will provide a free case review.

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