March 11, 2015
When we have a medical procedure performed, we expect it to heal us — not hurt us. Physicians and other medical practitioners are supposed to be people we can trust with our lives. We put our faith in them to treat us with diligence and care.
Unfortunately, things do not always turn out as expected. Doctors, like all human beings, occasionally make mistakes. However, you should never have to suffer as a result of a medical professional’s error or negligence. If you do, the consequences can be devastating.
Medical malpractice cases are extremely serious and complex. If you have suffered as a result of medical malpractice, you will want an experienced lawyer, who is dedicated to getting you the damages you deserve, on your side.
Do I Have a Medical Malpractice Case?
You may have grounds for a medical malpractice case if you have suffered as a result of any of the following errors:
– Misdiagnosis or delayed diagnosis
– Medical device malfunction or usage errors
– Negligent care
– Surgical errors
– Misreading or misinterpreting medical documents
– Improper or insufficient treatment
If it can be determined that one of these errors occurred, there are several other factors that must be present for a medical malpractice case to be valid.
– Doctor/Patient Relationship: You must be able to prove you went to this doctor and they provided you with a medical service.
– Breach of Duty: All doctors have a duty to provide an accepted standard of care to their patients. To prove a breach of duty, it must be established that other doctors in the same field would have acted differently and more effectively in the same situation.
– Direct Cause: You must be able to prove your injury resulted directly from your doctor’s breach of duty and that is why you are seeking damages.
Do I Need a Lawyer?
Medical malpractice cases require a great deal of research and time. Obtaining medical documents and records, researching diagnoses and treatments, and finding a doctor/expert who will validate your claims is a big job to tackle, especially if you are recovering from an injury. Generally, hiring an attorney to handle your case is your best option.
It should also be noted that Florida has a two-year statute of limitations on medical malpractice claims. In more complicated cases, two years is not a lot of time to figure things out on your own and file a claim, especially if you are in recovery. An experienced attorney will have the knowledge and resources to speed along the process.
Should I Settle?
After malpractice has been discovered, it is common for hospitals to offer a settlement. Hospital officials may encourage you accept a settlement without seeking legal representation; saying a lawyer will take a cut of the money. In many cases, the settlement being offered is less than you are entitled to, so it is often best to decline acceptance and hire an attorney to negotiate for you.
When to Hire an Attorney
In cases of medical malpractice, there is little time to waste. If you or a loved one has suffered from a medical error, contact Khonsari Law Group at (727) 269-5300 or through our online form today. An experienced attorney will assess your case to determine whether you have a claim.