Medical Malpractice FAQs
How is medical malpractice defined?
How do I know if I have a medical malpractice case?
When should I suspect that medical malpractice may have occurred?
What steps should I take if I suspect that malpractice has occurred?
I signed a consent form before my doctor performed surgery. What did it mean?
I think I have a medical malpractice claim. What do I do now?
What if I'm just not satisfied with the results of my nose job? Do I have a malpractice case?
My doctor made a mistake and admitted it. Do I have a malpractice case?
How can I find out if my doctor has been accused of medical malpractice?
Is there a statute of limitations for filing a medical malpractice lawsuit?
How is medical malpractice defined?
Medical malpractice, or medical negligence, occurs when
doctors, nurses, hospitals or other healthcare providers
cause injury or death to a patient by failing to meet the
accepted “standard of care”. Florida has a statute that
defines standard of care as that level of care, skill and
treatment that is recognized as acceptable and appropriate
by reasonably prudent, similar healthcare providers under
similar circumstances.
The term “medical malpractice” can apply to misdiagnosis, surgical mistakes or gross negligence. Some studies indicate that up to 70% of medical errors could have been prevented. The most common types of medical malpractice include:
- Mishandling of patient records
- Misread x-ray, CT Scan, or other test result
- Failure to properly diagnose a condition in a timely fashion
- Failure to promptly respond to patient symptoms
- Surgical errors
- Medication errors
- Failure to prevent injury
A medical malpractice attorney at Chalik & Chalik Law Offices can help determine if your healthcare provider did not provide acceptable care or if medical mistakes occurred. Contact Chalik & Chalik Law Offices today. Your lawyer can also help to review your medical records, explain the legal process, and advise you of your legal rights.
How do I know if I have a medical malpractice case?
Generally speaking, to win a medical malpractice case, you
must have expert medical testimony that no reasonable
healthcare provider would have acted as your provider did.
Reasonableness is generally determined by looking at what is
reasonable care. Your medical malpractice lawyer must also
prove through expert testimony that the negligence of your
health care provider was a cause of injury or death. To
determine if you have a case, contact a medical malpractice
attorney at Chalik & Chalik Law Offices today.
When should I suspect that medical malpractice may have
occurred?
The most likely indicator that medical malpractice may have
occurred is the dramatically different or unexpected result
of treatment or surgery. An example would be paralysis
following cosmetic surgery. Another sign would be the
failure of the provider to give a good explanation for a
worsened condition or sudden death of the patient.
There are also instances in which nurses or doctors or other providers make critical statements of prior care. These statements sometimes turn out to be accurate indicators of medical malpractice even though they may never be repeated in a legal setting.
What steps should I take if I suspect that malpractice has
occurred?
First, do not accuse or insult the treating health care
providers. Discreetly request your medical records, then
take them to an expert for review. If the care by the
physician is ongoing, you may want to request a transfer of
care to another hospital or health care provider. Quality
medical treatment should be your primary concern.
Document the events as they unfold. Most importantly, consult an experienced medical malpractice attorney at Chalik & Chalik Law Offices who can review your records and situation. Because of the complexities surrounding medical malpractice claims, only an experienced lawyer can make a determination as to the viability of your potential lawsuit.
I signed a consent form before my doctor performed surgery.
What did it mean?
You likely signed a form giving your consent to the doctor
to perform surgery. In Florida, informed consent law
requires that patients be advised of three things:
- The nature of the procedure.
- The substantial risks and hazards of the procedure.
- The reasonable alternatives to the procedure.
Before you sign a consent form, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment. If you can prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery, your consent may be invalid.
I think I have a medical malpractice claim. What do I do
now?
Contact an experienced medical malpractice lawyer at Chalik
& Chalik Law Offices. Tell us exactly what happened to you,
from the first time you visited your doctor through your
last contact. What were the circumstances surrounding your
illness or injury? How did your doctor treat it? What did
your doctor tell you about your treatment? Did you follow
your doctor's instructions? What happened to you? Answers to
these and other relevant questions become important if you
think your doctor may have committed medical malpractice.
What if I'm just not satisfied with the results of my nose
job? Do I have a malpractice case?
In general, there are no guarantees of medical results. Your
medical malpractice lawyer would have to show an injury or
damages that resulted from the doctor's deviation from the
appropriate standard of care for your condition.
My doctor made a mistake and admitted it. Do I have a
malpractice case?
Sometimes a mistake is just a mistake. An experienced
medical malpractice attorney can help you to determine if
your case has merit. If your doctor's mistake was the result
of negligence or failure to meet the expected standard of
care, then you may indeed have a malpractice case, and
damages may be recoverable for you under medical malpractice
laws.
How can I find out if my doctor has been accused of medical
malpractice?
Unfortunately, unless your doctor has been disciplined by
your state’s licensing board, it is often not possible to
determine the nature or the number of medical malpractice
claims the doctor has had, except in the midst of a lawsuit.
Some states have created an on-line database, accessible to
the public, with medical malpractice information. However,
not all states have this resource.
To find out if a physician has any malpractice suits or complaints on file, contact the Florida state medical board for more information. To access the Florida Board of Medicine, please go to http://www.doh.state.fl.us. To access the Florida Board of Osteopathic Medicine, please go to http://www.doh.state.fl.us/mqa/osteopath/.
Additional online resources include:
http://www.fsmb.org/directory_smb.html
http://www.fsmb.org/smb_overview.html
http://www.ahrq.gov
Is there a statute of limitations for filing a medical
malpractice lawsuit?
In Florida, a medical malpractice action must be brought
within two years from the date of the incident or from the
date when the incident was or should have been discovered.
You should bring any potential medical malpractice claim to
the attention of an experienced malpractice attorney as soon
as it is suspected in order to protect your rights.
For more information, please see our Medical Malpractice page.
