Filing a Medical Malpractice Lawsuit in Florida
According to a Johns Hopkins study, 225,000 Americans die as a result of medical errors, making medical negligence the third leading cause of death in the United States. Doctors and hospitals whose negligent practices lead to the injury or death of a patient need to be held accountable. If you have been the victim of medical malpractice, we encourage you to reach out to an attorney immediately.
What is a Medical Malpractice Lawsuit?
In a medical malpractice lawsuit, a medical professional acted negligently or recklessly when administering care. Acting negligently means that the healthcare provider did not act a reasonable healthcare provider in similar circumstances would have acted.
The provider’s negligent act or omission caused an injury to the plaintiff. For example, if a surgeon negligently left a surgical instrument inside his patient and that instrument caused an infection and then a more severe injury to the patient, the patient could bring a medical malpractice lawsuit against the surgeon for his resulting injuries. Other leading causes of medical malpractice include when a healthcare provider gives the patient the wrong prescription, fails to properly treat a medical condition or misdiagnoses a medical condition.
What Do I Need to Prove to Succeed in a Florida Medical Malpractice Lawsuit?
In Florida, a successful medical malpractice plaintiff must prove that the healthcare provider owed the patient a duty to act as a reasonable healthcare provider would under the circumstances and then breached that duty by acting negligently, recklessly or maliciously.
The victim must also prove that the healthcare provider’s negligent act or failure to act caused his injuries. In order words, the victim must prove that but for the negligence of the healthcare provider, he would not have been injured. Finally, the victim needs to prove that he was physically injured by the health care provider’s actions.
In Florida, victims of medical malpractice must file their lawsuit within two years of the injury occurring. Otherwise, the lawsuit does not meet the statute of limitations requirement and is time-barred. If the healthcare provider acted with fraud, concealment or misrepresentation, then the patient may qualify for a longer statute of limitation.
What Type of Compensation Is Available in a Florida Medical Malpractice Lawsuit?
A court may award a successful Florida medical malpractice plaintiff compensation for medical bills, hospital stay costs, physical therapy costs as well as costs associated with the loss of past, present, and future income. The court can also award damages for pain and suffering that resulted from the injuries. If the plaintiff acted willfully or maliciously, the court may award additional punitive damages in an effort to deter others from engaging in similar wrongful behavior.
Let Us Help You in your Medical Malpractice Case
If you or a loved one experienced an injury resulting from a health care provider’s negligence, it is advantageous to hire an experienced personal injury attorney to help guide you through the process. Contact the Miami medical malpractice attorneys at Spencer Morgan Law today for assistance with your case.