The healthcare industry demands a certain level of care that not only keeps healthcare professionals in check but also maintains a high quality of patient care. When these standards are not met, the healthcare professional in question is considered negligent.
A physician or healthcare worker may be negligent if they:
- Make a diagnosis error or misdiagnosis a condition
- Prescribe the wrong medication or prescribe an incorrect dosage
- Delay treatment or fail to provide timely medical care
- Perform surgery on the wrong part of the body, perform an unnecessary operation, or operate on the wrong patient
- Fail to provide adequate follow-up care after a procedure is complete
- Fail to recognize signs of complications and/or take appropriate action in order to prevent further injury or harm
- Fail to obtain informed consent from patients before beginning medical treatment
- Commit anesthesiology errors during surgery that result in serious injuries such as brain damage or death
- Botch childbirth resulting in physical injury and/or emotional trauma for both mother and baby
- Fail to supervise healthcare staff leading to errors
The Process of Filing a Medical Malpractice Claim
Dealing with the aftermath of medical malpractice can be overwhelming and confusing. Florida's complex malpractice laws can make it challenging for victims to navigate the legal process and obtain the compensation they deserve. However, by following a few essential steps, you can better protect your rights and ensure a successful outcome for your case.
Obtain a copy of your medical records
After experiencing medical malpractice, it's crucial to obtain a copy of your medical records as soon as possible. These records will serve as evidence in your case and help your attorney determine the extent of your injuries and the potential negligence involved. Under HIPAA regulations, you have the right to access your medical records, and your healthcare provider must provide them within 30 days of your request.
Consult with a medical malpractice attorney
Florida's medical malpractice laws are complex and require a thorough understanding of both legal and medical issues. It's essential to consult with a medical malpractice lawyer who can guide you through the process and ensure your rights are protected. At Gunn Law Group, our team of skilled attorneys specializes in handling medical malpractice cases and is well-versed in Florida's specific laws and regulations.
Determine if you have a valid claim
In Florida, a medical malpractice claim must meet certain criteria to be considered valid.
These criteria include:
- A healthcare provider-patient relationship existed
- The healthcare provider breached the standard of care
- The breach of the standard of care caused the patient's injury
- The patient suffered damages as a result of the injury
Your attorney will help you determine if your case meets these criteria and advise you on the best course of action.
Comply with Florida's pre-suit investigation process
Before filing a medical malpractice lawsuit in Florida, you must first go through a mandatory pre-suit investigation process. This process, outlined in Florida Statute 766.106, requires your attorney to gather evidence and consult with a qualified medical expert to determine if there is a reasonable basis for your claim. Once this process is complete, your attorney will provide a notice of intent to initiate litigation to the healthcare provider, and the provider will have 90 days to respond.
File a medical malpractice lawsuit
If the pre-suit investigation process confirms that you have a valid medical malpractice claim, your attorney will proceed to file a lawsuit on your behalf. In Florida, you generally have two years from the date of the incident or the discovery of the injury to file a medical malpractice lawsuit. However, there are exceptions and nuances to this rule, so it's essential to consult with an attorney as soon as possible to ensure your case is filed within the appropriate timeframe.
How Can a Medical Malpractice Lawyer Help?
If you or someone you love has been injured due to medical negligence in Orlando, Florida, it is essential that you seek the help of a qualified medical malpractice attorney. An experienced medical malpractice lawyer serving Orlando can provide invaluable guidance and legal representation throughout the process of filing a claim for compensation.
Your attorney will:
- Review your case and determine if there is evidence of negligence on the part of healthcare professionals or facilities.
- Assess damages incurred as a result of medical errors and fight for your right to receive fair compensation for your injuries.
- Ensure that all applicable deadlines are met when filing paperwork with the court system so that your rights are protected.
With a medical malpractice attorney from Gunn Law Group by your side, you can have confidence knowing that someone is doing everything possible to get justice in your case.
