The legal definition of medical malpractice largely depends on where you live. In Florida, it’s covered under Florida Statutes § 766.102. Basically, if you suffered harm because of a healthcare provider’s actions or omissions, you can pursue financial recovery for your losses.
Every healthcare provider must render their field’s standard of care. This means, when tasked with a certain situation, they must act as another professional would. Any shortcoming could constitute negligence.
Your Medical Malpractice Case Must Have These Elements
Per Clinical Orthopaedics and Related Research, a medical malpractice case must comprise these elements:
- There was a patient/doctor relationship where the healthcare provider owed their patient a duty of care.
- The healthcare provider failed to render their field’s standard of care, whether through carelessness, recklessness, or omission.
- The patient suffered harm because of a healthcare provider’s actions.
- As a result, that patient has physical, emotional, and financial losses.
Evidence can prove each of these elements. For instance, if you’re considering a medical malpractice case, your medical treatment records, diagnostic imaging scans, and medications’ names can support your right to damages.
Examples of Medical Malpractice
Healthcare providers must provide the best possible standard of care. This may involve consulting with other professionals, reviewing a patient’s medical history, and anticipating any complications.
Examples of medical malpractice include:
- Failing to render appropriate care
- Applying too much force during labor and delivery
- Administering the wrong medication
- Making an error during surgery
- Failing to consider a patient’s medical history
- Inaccurately reading lab test reports
This is not an exhaustive list. If you or a loved one suffered harm because of a negligent healthcare provider, you have the right to partner with a medical malpractice attorney.
These Parties May Be Liable for an Act of Medical Malpractice
Medical malpractice can be perpetrated by:
- Lab technicians
- A treatment center or care facility
- A hospital administrator
- A medical equipment manufacturer
Sometimes, more than one party can bear liability for a patient’s harm. For instance, if a lab technician improperly conducted a test, and they’re employed by the hospital, both parties could owe you compensation.
You Could Recover These Damages Through a Malpractice Claim or Lawsuit
How much you can seek for your malpractice-related damages largely depends on your situation. Compensable losses in your case may include:
- Healthcare expenses
- Pain and suffering and inconvenience
- Lost income, wages, tips, and bonuses
- Loss of future earning capacity
- Assistive medical devices
- Loss of consortium
Johns Hopkins Medicine notes that medical errors are one of the leading causes of death in the United States. If you lost a loved one, compensation can account for each of your hardships, including your loved one’s funeral and burial costs.
You Must File Your Lawsuit Within the Statutory Deadline
The Florida Bar notes that you must file your lawsuit within Florida’s civil statute of limitations. You could have anywhere from two to seven years to file. This largely depends on:
- Whether a healthcare provider concealed their mistake from you
- The date you discovered your injury
- The date your loved one passed away (if applicable)
- How old you were when the incident happened
- The date medical error happened
Navigating Florida’s statute of limitations can admittedly get complicated. Yet, this is one of the many benefits of partnering with a Florida medical malpractice lawyer. Not only can they pursue financial recovery for your expenses, but they can also manage your case’s relevant deadlines.
You Have the Right to Partner with a Lawyer from Our Firm
For over 20 years, our law firm has advocated for victims of medical malpractice and their families. Our lawyers are ready to pursue compensation for your losses by:
Gathering Evidence to Support Your Case
No medical malpractice case is complete without evidence. Information that can support your case includes:
- Your medical history records
- Information from third-party healthcare consultants
- Your personal testimony
- Your damage-related invoices, receipts, and bills
- Correspondence between you and the involved parties
- Photos of your external injuries
With the information we find, we will prove that because a healthcare provider acted inappropriately, you deserve compensation for your losses.
Calculate Your Damages’ Value
We want you to recover every penny you deserve. To determine what constitutes a fair settlement or court awarded-offer, we will consider:
- The extent of your injury
- The nature of the error
- The cost of your financial losses
- Your quality of life, independence, and mobility
- Your missed time from work
- Whether you can return to your previous job
We will consider other factors than those listed here.
Negotiate a Settlement
If possible, we will attempt to negotiate a fair settlement with the liable insurance provider. This will involve presenting your case’s evidence, reviewing the liable policy, and managing communications with insurance representatives.
File a Lawsuit
Not only will we file your lawsuit within the appropriate period, but we will also:
- Cross-examine witnesses
- Argue for what you need
- Take depositions
- Present your case’s evidence
- Apply the law to your case
- Push your case toward a fair conclusion
With us on your side, you don’t have to manage the legal process on your own. Our medical malpractice team will take care of everything.
We’ve Recovered Six-Figure Settlements for Our Clients
We’re not strangers to medical malpractice cases. We’ve secured these outcomes for injured families and their loved ones:
- A negligent healthcare provider applied too much force when delivering a child, causing the baby to suffer Erb’s palsy. With the help of a $450,000 settlement, the child made a full recovery.
- Our client’s child suffered nerve damage during the labor and delivery process. We secured a $290,000 settlement through negotiations.
- Our client came to us after suffering surgery-related complications. We recovered $200,000 for their injury-related losses, including the cost of future treatment.
We’re a proud member of the Multi-Million-Dollar Advocates Forum. Membership is only extended to law firms that have recovered more than a million dollars in damages.
Begin Your Free Case Review with Chalik & Chalik Injury Lawyers
When you call our Florida law firm, we’ll do more than provide you with medical malpractice’s legal definition; we’ll also explain the benefits of partnering with our law firm.