Medical Malpractice Attorneys In Florida
The attorneys at Parker Waichman LLP’s Florida office have decades of successful experience representing individuals who are victims of medical malpractice. The team at Parker Waichman understand that every case is different and provides individualized service to every client.
If you or someone you know has been the victim of medical malpractice due to negligence or inappropriate care by a doctor, nurse, other healthcare provider, or medical facility and you live in Florida, please contact Parker Waichman. There are specific time limits imposed in Florida and Parker Waichman will be able to evaluate your case and discuss potential compensation recovery for lost income, future lost income, current and future medical bills, pain, and suffering.
When Does Medical Malpractice Take Place?
A doctor or medical professional has a duty to follow the accepted standard of care that has been established by the medical profession. In a medical malpractice lawsuit, this standard is determined by reviewing how a reasonably prudent healthcare professional would have acted in a similar situation. When a doctor’s conduct falls short of the standard of care and a patient is injured or an existing condition or injury is worsened, medial malpractice has occurred.
The injured party must show that the healthcare provider’s provision of care was not appropriate and that decisions, treatment, and diagnosis by the healthcare provider were not up to the standards of accepted medical care. There may have been a failure to treat or the healthcare provider did not act in the way in which a healthcare provider in that medical specialty is expected to act. This is considered a “breach” of the standard of care and is considered “medical negligence,” according to the law if the behaviors caused the patient to be injured or become ill or to cause the patient’s condition or injury to worsen.
The injured party’s attorneys must also show that a physician-patient relationship existed and that the patient was under the care of a physician. The patient must have hired a healthcare provider and that healthcare provider must have agreed to be hired by the patient. Injury caused due to overheard medical advice or advice received outside of a doctor-patient relationship is not cause for a medical malpractice lawsuit.
The case must also show a contributing connection took place between the healthcare provider’s medical negligence and the alleged patient harm and that that harm led to measurable damages. The injury must be shown to have led to specific damages and the patient must be proven to have suffered harm due to the healthcare provider’s negligence or inappropriate care. If it is made clear that the doctor performed below the expected standards in his or her medical field, the patient may not bring a lawsuit for malpractice against the provider if the patient did not suffer from harm.
In other words, simply being dissatisfied with the healthcare provider’s treatment or the results of the healthcare provider’s medical care does not constitute medical malpractice. The doctor must be proven negligent in association with the plaintiff’s diagnosis or treatment and the negligence must be shown to have caused harm in a way that a competent doctor—under the same circumstances—would not have acted. A physician’s care does not have to be the best available care; however, the physician must be “reasonably skillful and careful.”
Some common examples of medical malpractice/medical negligence include:
- Anesthesia errors
- Delayed diagnosis
- Failure to accurately interpret tests such as X-rays, ultrasounds MRIs, etc.
- Failure to diagnose
- Failure to inform the patient of the risks of a specific procedure
- Failure to listen to the patient, examine patient history
- Failure to monitor
- Improper testing
- Improper treatment
- Injury during birth, to mother or child; OB/GYN negligence
- Medication errors, prescription errors
- Post-operative negligence
- Surgical errors
The Use of Medical Experts in Medical Malpractice Cases
The Florida medical malpractice attorneys at Parker Waichman have strong ties in the community and routinely work with medical experts.
Medical malpractice experts are typically brought in to evaluate how the patient was medically treated so that the expert may explain to the jury how the healthcare provider violated the accepted standard of medical care. The medical expert will also offer testimony concerning the damages the patient suffered due to the alleged malpractice.
Expert credibility is critical to a successful medical malpractice case. Parker Waichman presents respected authorities in the medical community who are able to speak to juries in clear and concise language that all involved parties understand.
When A Medical Expert Is Not Needed
In some medical malpractice lawsuits, a medical expert is not needed. The specific doctrine that is used that eliminates the need for a medical expert’s testimony is known as res ipsa loquitur—or the thing speaks for itself. This doctrine is used in cases in which there is no way that the injuries could have occurred without the negligence of the doctor or healthcare provider.
For example, a plaintiff undergoes surgery expecting his or her gallbladder to be removed and the surgeon removes the spleen, or a patient undergoes surgery and later discovers that a surgical tool was left inside his or her body or a patient is undergoing a left foot amputation and the patient’s right foot is removed.
In these types of medical malpractice cases, the plaintiff’s attorneys will show the jury that the accident that caused the patient harm could not have occurred in the absence of negligence. The attorneys will also show that the equipment or conduct that led to the plaintiff’s harm was under the physician’s or the physician’s team’s control at all times during the procedure and that the patient did not contribute in any way to the medical malpractice injury with his or her behavior.
Filing a Medical Malpractice
If you or someone you know has been the victim of medical malpractice and is interested in filing a medical malpractice lawsuit in Florida, please contact the personal injury attorneys at Parker Waichman today.
For more information call 1-800-YOURLAWYER (1-800-968-7529).
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