In a healthcare environment, you should feel comfortable and confident with the care you receive. A doctor or hospital that makes a critical error to the detriment of a patient, should bear the financial responsibility to the patient or the patient’s surviving family members who were harmed by the careless lapse in sound medical judgment. If this sounds familiar, you may have a medical malpractice case.
If you have been a victim of medical malpractice, we just want to say how very sorry we are that you have to deal with the pain, the financial burden, and the loss of your normal daily life due to this tragic accident. You deserve to be compensated in full by the negligent medical care professional who perhaps ruined your body, your mental health, and maybe even your life.
A Clearwater medical malpractice lawyer is here to guide you through this particularly difficult time. Here is what you need to know about medical malpractice before you call our skilled injury attorneys to set up a free case evaluation.
Types of Medical Malpractice Injuries
All forms of medical malpractice can be truly devastating and cause you some serious trauma. To be sure about whether or not you have a medical malpractice claim, you first have to figure out what exactly happened to you and what category your accident/incident falls under. There are several categories of medical malpractice that include:
Delayed diagnosis or misdiagnosis
You may have a claim if your doctor either did not assess you properly to get your condition treated or they diagnosed you with the wrong condition, causing you harm with unneeded treatment (as well as a lack of treatment for what was really ailing you).
Failure to treat
This sounds like an act malicious intent, but sometimes your doctor just does not tell you about a treatment that you should have been getting which leads to a worsened condition, not necessarily to hurt you but because they either did not know or they forgot.
These injuries can be severe and life-changing. You might have gotten the wrong procedure done, had damage to your body during surgery, gotten the wrong dose of anesthesia, etc.
Medical product liability
This mostly pertains to the equipment used on you during a medical procedure that caused you injury, and this negligent party is not necessarily your doctor, but maybe is the company that owns the product.
These tragic incidents happen when prenatal care was not up to par for the mother or the baby either before, during, or after birth.
All of these injuries are totally preventable and can cause a lot of grief for you and your family. When you meet with an experienced Clearwater medical malpractice attorney, you should explain every detail about your case so that you and your attorney can talk about how to proceed.
Florida Time Limitations
The rules for medical malpractice make it tougher for you to bring a suit. The statute of limitations for any other injury-causing accident (such as a car accident) is two years. For medical malpractice in Florida, you only have two years to bring your claim. It becomes even trickier for you because there are steps you need to take for medical malpractice claims before you can officially file.
You have 90 days from the date of your injury to put the health care provider on notice. That requires especially fast action. You also need to have an affidavit from another medical professional confirming that you indeed have a good claim before you can bring one against your medical provider. The sooner you talk to an attorney, the quicker you can accomplish all of these steps and ensure you are protecting your right to sue.
Ways to Get Compensation
The best way to make sure that you are going to get the best compensation available to you is to hire an experienced and dedicated medical malpractice lawyer in Clearwater. You will be pursuing compensation for your lost wages, medical bills for treatment and care, future lost earnings, pain and suffering, mental anguish, loss of companionship, anxiety and depression, and disfigurement. All of these injuries are considered, for the most part, to be severe.
Thankfully, only a few years ago, the cap for compensation was deemed to be unconstitutional because it was holding back compensation for people who, in dire instances, deserved more than what the caps would have provided for them. Prior to the ruling in 2017, it used to be that you couldn’t collect more than $500,000 for non-economic damages, which includes pain and suffering as well as loss of normal life.
You also would be capped at $1,000,000 if the medical malpractice resulted in death or if a loved one was left in a vegetative state. The ruling to make this cap unconstitutional is huge for those who are truly deserving of more compensation. As mentioned, these cases are brutally tragic and can result in such carnage it’s as if someone’s worst nightmare is being played out.
Contact Our Clearwater Medical Malpractice Attorneys Today
If you were the victim of a medical error, you have every right to compensation in the fullest possible amount. Please do not hesitate to contact a Clearwater medical malpractice lawyer today to set up your free, confidential case evaluation. Let us help you to pursue this case successfully, and allow us to protect your rights.