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Do you know what to do if you suspect medical malpractice?
Medical malpractice is all too common, and roughly one in three healthcare professionals will be sued for it at some point in their careers. As a patient or the loved one of a patient, it’s important that you know how to tell if you might have a medical malpractice case – and what steps you should take to pursue it.
We’re breaking down the specifics below, including signs of possible medical malpractice and the steps that can help you protect your health, your finances, and your rights.
What is Medical Malpractice?
As medical malpractice lawyers in Florida, we’ve worked with countless clients who have been harmed by the negligent or malicious actions of a healthcare provider or practice. These actions can occur in various settings, including hospitals, clinics, private practices, and even Veterans Affairs (VA) healthcare facilities. They can also occur in various instances during a patient’s healthcare journey and may lead to severe outcomes such as life-long disability, reduced quality of life, lost wages and earning potential, and even wrongful death.
Types of medical malpractice include:
- Birth injuries
- Anesthesia errors
- Surgical errors
- Failure to obtain patient information
- Lack of informed consent
- Misdiagnosis or delayed diagnosis
- Medication errors
- Failure to treat
Common signs of medical malpractice include delayed treatments, post-surgical complications, and the experiencing of new or unexpected symptoms after treatment.
If you or a loved one have been a victim of these or other types of possible medical malpractice, you are not alone. Call for a free, no-obligation consultation to discuss your case and legal options.
Steps to Take If You Suspect Medical Malpractice
Here in Florida, the statute of limitations for medical malpractice is just two (2) years from the date the injury was discovered or reasonably should have been discovered. That time goes fast, so we recommend taking action right away. This will include the following steps.
1. Get a Second Medical Opinion
Medical malpractice puts you in an incredibly vulnerable position as a healthcare consumer. Protect your health and safety by seeking out care from a new provider who can address your original injury or illness and any physical harm caused by the malpractice.
2. Gather Documents
Medical records and bills are crucial to proving medical malpractice. Collect as much evidence as you can to support your malpractice claim, including requesting imaging, testing, and pathology results as soon as possible from your provider.
3. Speak to an Attorney
An experienced medical malpractice attorney can seek out additional evidence in support of your claim (staffing records, private messages, video footage, expert testimonies, etc.), as well as oversee your claim from start to finish. They’re also your best resource for learning about your rights in these scenarios.
Do I Have a Medical Malpractice Case?
There is a high burden of proof for medical malpractice cases. In order to win, claimants must be able to show beyond a reasonable doubt that:
- The provider had a duty of care to the patient;
- The provider failure to meet this duty, either through negligence or malicious intent;
- This breach of duty caused harm;
- This harm resulted in damages such as medical bills, pain and suffering, long-term care expenses, or death.
The only way to know for sure if you have a strong case for medical malpractice is to speak with an expert medical malpractice attorney.
Possible Medical Malpractice? A Lawyer Can Help
Knowing what to do if you suspect medical malpractice is only half the battle. Just as important is partnering with a medical malpractice attorney who has proven success fighting against negligent healthcare providers and insurance companies.
The services a lawyer may be able to provide include:
- Gathering evidence in support of your claim
- Interviewing experts and eyewitnesses
- Collecting video evidence
- Filing your medical malpractice claim
- Negotiating with insurance on your behalf
- Appealing a denied medical malpractice claim
If you are unable to recover sufficient damages through insurance, an attorney may also be able to oversee a personal injury lawsuit and fight for further compensation in court.
Talk to a Medical Malpractice Lawyer for Free
We have recovered more than Billions in compensation for victims of medical malpractice and other injuries in Florida. Contact us today for a free case evaluation, and focus on recovery while we focus on getting you the compensation you deserve. Call (844) 423-5751 or fill out a contact form to get in touch!